Donnelly v. Buffalo & Lake Erie Traction Co.
Superior Court of Pennsylvania
Appeal, No. 60, April T., 1909, by defendant, from judgment of C. P. Erie Co., Nov. T., 1907, No. 128, on verdict for plaintiff in case of Susan Donnelly v. Buffalo & Lake Erie Traction Company. Trespass to recover damages for personal injuries. Before Walling, P. J. At the trial the court refused binding instructions for defendant.
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Appeal, No. 60, April T., 1909, by defendant, from judgment of C. P. Erie Co., Nov. T., 1907, No. 128, on verdict for plaintiff in case of Susan Donnelly v. Buffalo & Lake Erie Traction Company. Trespass to recover damages for personal injuries. Before Walling, P. J. At the trial the court refused binding instructions for defendant. Before verdict and before the jury retired defendant’s counsel excepted to the charge of the court generally, also for the reason that the court did not comment upon the greater number and disinterestedness of the witnesses for the defendant over those of the…
1Opinion of the Court
Opinion by
Morrison, J.,
The first and second assignments of error were argued together by appellant’s counsel. To sustain either of them we must hold that there was not sufficient evidence to carry the case to the jury on the question of the negligence of the defendant, or that under all of the evidence, the plaintiff was, as a matter of law, guilty of contributory negligence. We cannot agree with the contention of the appellant’s counsel on either of those questions.
If the plaintiff and her two witnesses were believed by the jury, the car had stopped at Wayne street, where she was standing at…
2Cases cited10 opinions
- Hodder v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1907
- James McNeil & Brother Co. v. Crucible Steel Co. of AmericaSupreme Court of Pennsylvania · 1904
- Pitcher v. People's Street Railway Co.Supreme Court of Pennsylvania · 1893
- Phœnix Brewing Co. v. WeissSuperior Court of Pennsylvania · 1903
- McCurdy v. Traction Co.Superior Court of Pennsylvania · 1900
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3Cited by2 opinions
- Herb v. HallowellSupreme Court of Pennsylvania · 1930
- Ferrara v. West Jersey & Seashore R. R.Superior Court of Pennsylvania · 1919