Witmer v. Bessemer & Lake Erie R. R.
Supreme Court of Pennsylvania
Appeal, No. 122, Jan. T., 1913, by defendant, from judgment of C. P. Erie Co., May T., 1909, No. 18, on verdict for plaintiff in case of William A. Witmer v. Bessemer & Lake Erie Railroad Company. Trespass to recover damages for personal injuries. Before Walling, P. J. From the record it appeared that at the time of the accident plaintiff was riding in an automobile driven by another, under the plaintiff’s direction, along Poplar street, in the City of Erie.
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Appeal, No. 122, Jan. T., 1913, by defendant, from judgment of C. P. Erie Co., May T., 1909, No. 18, on verdict for plaintiff in case of William A. Witmer v. Bessemer & Lake Erie Railroad Company. Trespass to recover damages for personal injuries. Before Walling, P. J. From the record it appeared that at the time of the accident plaintiff was riding in an automobile driven by another, under the plaintiff’s direction, along Poplar street, in the City of Erie. Upon Twelfth street, crossing Poplar street, were constructed two tracks of defendant railroad company, consisting of a main track and a…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The single question for decision here is whether appellee should be declared guilty of contributory negligence as a matter of law. There is positive testimony that the driver stopped, looked and listened at the proper place before attempting the crossing and that the approaching train was not then in view. The fact that the driver did not stop his motor car at the customary place before proceeding to cross the tracks of appellant company is not seriously controverted. But even if this were a controverted question in the case under the evidence it was for the jury…
2Cases cited4 opinions
- Richards v. Citizens Natural Gas Co.Supreme Court of Pennsylvania · 1889
- Pittsburgh Southern Railway Co. v. TaylorSupreme Court of Pennsylvania · 1883
- McGonnell v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1912
- Weir v. County of AlleghenySupreme Court of Pennsylvania · 1880
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- Commonwealth v. FilerSupreme Court of Pennsylvania · 1915
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- Prenatt v. Messenger Printing Co.Supreme Court of Pennsylvania · 1913
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