Mortimer v. Beaver Valley Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 129, Oct. T., 1906, by defendant, from judgment of O. P. Beaver Co., Dec. T., 1903, No. 630, on verdict for plaintiff in case of Calvin B. Mortimer v. Beaver Valley Traction Company. Trespass to recover damages for personal injuries. Before Holt, P. J. The facts relating to the accident are set forth in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $1,725. Defendant appealed.
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Appeal, No. 129, Oct. T., 1906, by defendant, from judgment of O. P. Beaver Co., Dec. T., 1903, No. 630, on verdict for plaintiff in case of Calvin B. Mortimer v. Beaver Valley Traction Company. Trespass to recover damages for personal injuries. Before Holt, P. J. The facts relating to the accident are set forth in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $1,725. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The only question raised by this appeal is whether there was such evidence of contributory negligence as to preclude the plaintiff from recovering for the injuries he sustained. He was riding at night in an open wagon on the track of the defendant’s road on a borough street. As he was turning from the track, the back part of his wagon was struck by a car which was going in a direction opposite to that in which he was moving. According to his testimony he was looking for the car *328and first saw it when it was 308 feet from him; he at once attempted to turn from the…
2Cited by7 opinions
- Hause v. Lehigh Valley Transit Co.Superior Court of Pennsylvania · 1909
- Brown v. Beaver Valley Traction Co.Superior Court of Pennsylvania · 1928
- Luckenbill v. Eastern Pennsylvania Railways Co.Superior Court of Pennsylvania · 1911
- Rose v. Southern Cambria Railway Co.Superior Court of Pennsylvania · 1914
- Speakman v. Philadelphia & West Chester Traction Co.Superior Court of Pennsylvania · 1910
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