Ciszkowicz v. Scranton Railway Co.
Superior Court of Pennsylvania
Appeal, No. 16, March T., 1918, by plaintiff, from judgment of C. P. Lackawanna Co., June T., 1914, No. 285, for defendant n. o. v. in case of Jan Ciszkowicz v. Scranton Railway Company. Trespass to recover damages for personal injuries and injuries to a horse and wagon.
Read the full summary
Appeal, No. 16, March T., 1918, by plaintiff, from judgment of C. P. Lackawanna Co., June T., 1914, No. 285, for defendant n. o. v. in case of Jan Ciszkowicz v. Scranton Railway Company. Trespass to recover damages for personal injuries and injuries to a horse and wagon. Before Newcomb, J. At the trial the jury returned a verdict for plaintiff for |350. On a rule for a new trial and judgment n. o. v. New-comb, J., filed the following opinion : The rule for new trial was abandoned at the argument. The only thing to be reviewed is the merits of defendant’s request for binding instruction. It…
1Opinion of the Court
Opinion by
Kephart, J.,
After reviewing the testimony, we are unable to understand how the court below could have done otherwise than direct a verdict for the defendant. If this record does not present a clear case of contributory negligence, then there scarcely could be any such record. The court below, in directing judgment for the defendant, sets forth the facts as developed by the appellant and the law applicable thereto. We can add nothing to what is there so well considered. Counsel, with some earnestness, urge that the appellant should not be convicted of contributory negligence for the…
2Cited by3 opinions
- McPherson v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1924
- Philip Calla v. Hershey Transit Co.Superior Court of Pennsylvania · 1924
- Boden v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1921