Hunterson v. Union Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 275, Jan. T., 1902, by plaintiff, from judgment of C. P. No. 5, Phila. Co., June T., 1901, No. 2998, refusing to take off nonsuit in case of John C. Hunterson v. Union Traction Company. Trespass to recover damages for personal injuries. Before Ralston, J. The facts appear by the opinion of the Supreme Court. The court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was in refusing to take off nonsuit.
1DissentMestrezat, J.
The question involved in this case is correctly stated by the learned counsel for the appellant, to wit: “Whether or not it is negligence per se for a man, after having signalled the motorman to stop, to undertake to get on a street passenger car at a crossing of the highway when the car is moving so slowly that it had almost stopped.” The learned trial judge answered the question in the negative and granted a nonsuit. The plaintiff himself was the only witness in his behalf as to the circumstances attending the accident, and in considering this appeal, his testimony must be taken to be true.…
2Cases cited19 opinions
- Ely v. Pittsburgh, Cincinnati, Chicago & St. Louis RailwaySupreme Court of Pennsylvania · 1893
- North Chicago Street Railroad v. WilliamsIllinois Supreme Court · 1892
- Schepers v. Union Depot RailroadSupreme Court of Missouri · 1895
- Wyatt v. Citizens Railway Co.Supreme Court of Missouri · 1874
- North Birmingham Railway Co. v. LiddicoatSupreme Court of Alabama · 1892
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