Freeman v. Wilkes-Barre & Wyoming Valley Traction Co.
Superior Court of Pennsylvania
Appeal, No. 51, March T., 1908, by defendant, from judgment of C. P. Luzerne Co., Feb. T., 1905, No. 284, on verdict for plaintiff in case of Aaron Freeman v. Wilkes-Barre & Wyoming Valley Traction Company. Trespass to recover damages for personal injuries. Before Lynch, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,200. Defendant appealed.
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Appeal, No. 51, March T., 1908, by defendant, from judgment of C. P. Luzerne Co., Feb. T., 1905, No. 284, on verdict for plaintiff in case of Aaron Freeman v. Wilkes-Barre & Wyoming Valley Traction Company. Trespass to recover damages for personal injuries. Before Lynch, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,200. Defendant appealed. Errors assigned amongst others were (4) portion of charge, quoted in the opinion of the Superior Court, and (9) in not withdrawing a juror and continuing the case because of the language used by…
1Opinion of the Court
Opinion by
Beaver, J.,
A careful reading of all the testimony in this case satisfies us *168that the questions of the negligence of the defendant, the contributory negligence of the plaintiff and the execution and delivery of the written release of the plaintiff to the defendant were all for the jury and were properly submitted by the court to them. We, therefore, eliminate from the further consideration of the case all of the assignments of error, except the fourth and ninth.
The fourth assignment' relates to an observation of the court in the charge, concerning the execution of the written release…
2Cases cited4 opinions
- Hollis v. United States Glass Co.Supreme Court of Pennsylvania · 1908
- Saxton v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1908
- Wagner v. Hazle TownshipSupreme Court of Pennsylvania · 1906
- Walsh v. Wilkes-BarreSupreme Court of Pennsylvania · 1906
3Cited by5 opinions
- Strout v. American Stores Co.Supreme Court of Pennsylvania · 1956
- Commonwealth v. SwartzSuperior Court of Pennsylvania · 1908
- Brown v. Central Pennsylvania Traction Co.Supreme Court of Pennsylvania · 1912
- Commonwealth v. MartinSuperior Court of Pennsylvania · 1911
- Brown v. Sunbury & Selinsgrove Electric Street Railway Co.Superior Court of Pennsylvania · 1910