Gress v. Railway Co.
Superior Court of Pennsylvania
Appeal, No. 114, April T., 1900, by defendant, in suit of I. R. Gress against the Braddock & Homestead Street Railway Company, from judgment of C. P. No. 1, Allegheny Co., Sept. T., 1898, No. 77, on verdict for plaintiff. Opinion by Beaver, J. Trespass.
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Appeal, No. 114, April T., 1900, by defendant, in suit of I. R. Gress against the Braddock & Homestead Street Railway Company, from judgment of C. P. No. 1, Allegheny Co., Sept. T., 1898, No. 77, on verdict for plaintiff. Opinion by Beaver, J. Trespass. It appears from the record and evidence that this and the following case which were argued together, were brought for I. R. Gress and O. N. Gress to recover damages for injuries alleged to have been sustained by negligence of the defendant railway company by a collision of a car with a buggy in which plaintiffs were driving. At the point where…
1Opinion of the Court
Opinion by
Beavek, J.,
The wisdom of our accepted definition of negligence, “ the absence of care according to circumstances,” was perhaps *89never better illustrated than in the present case. We have no hesitation in saying that, if the circumstances surrounding the occurrence which gave rise to the present action had been of the ordinary character, the defendant’s prayer for binding instructions, the refusal of which constitutes the only assignment of error, should have been affirmed. The circumstances were not ordinary. As stated by the appellant in the history of the case: “At the point where…
2Cited by6 opinions
- Scholl v. Philadelphia Suburban Transportation Co.Supreme Court of Pennsylvania · 1947
- Kuhns v. Conestoga Traction Co.Supreme Court of Pennsylvania · 1927
- Davis v. Media, Middletown, Aston & Chester Electric Railway Co.Superior Court of Pennsylvania · 1904
- Hooper v. United Traction Co.Superior Court of Pennsylvania · 1901
- Sullivan v. Philadelphia Suburban Transp. Co.District Court, E.D. Pennsylvania · 1945
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