McPhillips v. Union Traction Co.
Superior Court of Pennsylvania
Appeal, No. 4, Oct. T., 1901, by defendant, from judgment of C. P. No. 3, Phila. Co., Sept. T., 1898, No. 538, on verdict for plaintiff in case of Andrew McPhillips and Charles P. McPhillips, by his father and next friend, Andrew McPhillips, v. Union Traction Company. Trespass to recover damages for personal injuries. Before McMichael, J. At the trial it appeared that on the night of June 8, 1898, plaintiff was injured on Lancaster avenue in the city of Philadelphia.
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Appeal, No. 4, Oct. T., 1901, by defendant, from judgment of C. P. No. 3, Phila. Co., Sept. T., 1898, No. 538, on verdict for plaintiff in case of Andrew McPhillips and Charles P. McPhillips, by his father and next friend, Andrew McPhillips, v. Union Traction Company. Trespass to recover damages for personal injuries. Before McMichael, J. At the trial it appeared that on the night of June 8, 1898, plaintiff was injured on Lancaster avenue in the city of Philadelphia. The circumstances of the accident are stated in the opinion of the Superior Court. The court refused binding instructions for…
1Opinion of the Court
Opinion by
W. W. Porter,
Aside from the question of the negligence of the defendant, the learned court below erred in not directing a verdict for the defendant on the ground of the plaintiff’s contributory negligence. The essential facts, shown by the testimony for the plaintiff, upon which this conclusion rests, are that the plaintiff drove deliberately out of a driveway in the middle of a block into Lancaster avenue upon which were the two tracks of the *225defendant company; that he looked and saw an approaching ear about three quarters of a block distant when the front wheels of his dearborn…
2Cases cited4 opinions
- Burke v. Union Traction Co.Supreme Court of Pennsylvania · 1901
- Smith v. Electric Traction Co.Supreme Court of Pennsylvania · 1898
- Tyson v. Union Traction Co.Supreme Court of Pennsylvania · 1901
- Cupps v. Traction Co.Superior Court of Pennsylvania · 1900
3Cited by3 opinions
- McCartney v. Union Traction Co.Superior Court of Pennsylvania · 1905
- Berger v. Philadelphia Rapid Transit Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1905
- Latnee v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1913