Legal Opinion

Wetzel v. Pittsburg Railways Co.

Superior Court of Pennsylvania

Decided October 13, 1913No. Appeal, No. 110PublishedCited by 1 opinion

Appeal, No. 110, April T., 1913, by plaintiff, from judgment of C. P. Allegheny Co., Dec. T., 1908, No. 964, for defendant non obstante veredicto in case of J. J. Wetzel v. Pittsburg Railways Company. Trespass to recover damages for personal injuries and for injuries to a team. Before Reid, J. At the trial it appeared that on September 25, 1908, the'plaintiff was driving a pair of mules and a wagon on Fifth avenue near Elm street in the city of Pitts-burg.

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Appeal, No. 110, April T., 1913, by plaintiff, from judgment of C. P. Allegheny Co., Dec. T., 1908, No. 964, for defendant non obstante veredicto in case of J. J. Wetzel v. Pittsburg Railways Company. Trespass to recover damages for personal injuries and for injuries to a team. Before Reid, J. At the trial it appeared that on September 25, 1908, the'plaintiff was driving a pair of mules and a wagon on Fifth avenue near Elm street in the city of Pitts-burg. At the point of the accident there were two car tracks. Plaintiff was driving on the outbound track, and when he reached Elm' street,…

1Opinion of the Court

Opinion by

Orlady, J.,

The plaintiff recovered a verdict of $1,037.50 as damages for injuries to himself and a team in a collision with a street car of the defendant company. The defendant by counsel requested the court to give binding instructions and to declare, that under the evidence in the case the verdict should be for the defendant, but the court refused to so charge and the case was submitted to the jury. Subsequently the court entered judgment for the defendant on a motion non obstante veredicto, and the plaintiff brings this appeal.

The Act of April 22, 1905, P. L. 286, does not change…

2Cases cited11 opinions

  1. Dalmas v. KembleSupreme Court of Pennsylvania · 1906
  2. Bornscheuer v. Consolidated Traction Co.Supreme Court of Pennsylvania · 1901
  3. Duffy v. York Haven Water & Power Co.Supreme Court of Pennsylvania · 1911
  4. McGovern v. Union Traction Co.Supreme Court of Pennsylvania · 1899
  5. Connor v. Pittsburg Railways Co.Superior Court of Pennsylvania · 1912

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3Cited by1 opinion

  1. Stryker v. Montoursville BoroughSuperior Court of Pennsylvania · 1914

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