Cousins v. Warren Borough
Superior Court of Pennsylvania
Appeal, No. 14, April T., 1913, by defendant, from judgment of C. P. Warren Co., Sept. T., 1909, No. 2, on verdict for plaintiffs in case of Hubert E. Cousins and Harriet M. Cousins v. Burgess and Town Council of Warren Borough. Trespass to recover damages for personal injuries. Before Hinckley, P. J. The circumstances of the accident are stated in the opinion of the Superior Court. Verdict and judgment for plaintiffs for $1,500 each. Defendant appealed.
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Appeal, No. 14, April T., 1913, by defendant, from judgment of C. P. Warren Co., Sept. T., 1909, No. 2, on verdict for plaintiffs in case of Hubert E. Cousins and Harriet M. Cousins v. Burgess and Town Council of Warren Borough. Trespass to recover damages for personal injuries. Before Hinckley, P. J. The circumstances of the accident are stated in the opinion of the Superior Court. Verdict and judgment for plaintiffs for $1,500 each. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Morrison, J.,
The plaintiffs, Hubert E. Cousins and Harriet M. Cousins, were husband and wife and they brought this action of trespass against the borough of Warren to'recover damages alleged to have been sustained by an injury to Harriet M. Cousins on the night of June 2, 1908, on a crossing on one of the public streets in the borough. The case was tried at considerable length and the defendant’s counsel contended that there could be no recovery on account of the contributory negligence of Mrs. Cousins and requested the court to give a binding instruction in favor of the defendant.…
2Cases cited6 opinions
- Musselman v. Hatfield BoroughSupreme Court of Pennsylvania · 1902
- Evans v. PhiladelphiaSupreme Court of Pennsylvania · 1903
- City of Altoona v. LotzSupreme Court of Pennsylvania · 1886
- Allen v. DuBois BoroughSupreme Court of Pennsylvania · 1897
- Chambers v. Braddock BoroughSupreme Court of Pennsylvania · 1907
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