Legal Opinion

Hagos v. Reading Transit & Light Co.

Superior Court of Pennsylvania

Decided March 13, 1917No. 1; Appeals, Nos. 354 and 355PublishedCited by 2 opinions

Appeals, Nos. 354 and 355, Oct. T., 1916, by defendant, from judgment of C. P. Berks Co., Jan. T., 1915, No. 18, on verdict for plaintiff in case of Julia Hagos by her nest friend and father, Stefan Hagos, and tbe said Stefan Hagos v. Beading Transit & Light Company. Trespass to recover damages for personal injuries to a child seven years old. Before Endlich, P. J. The opinion of the Superior Court states the case.

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Appeals, Nos. 354 and 355, Oct. T., 1916, by defendant, from judgment of C. P. Berks Co., Jan. T., 1915, No. 18, on verdict for plaintiff in case of Julia Hagos by her nest friend and father, Stefan Hagos, and tbe said Stefan Hagos v. Beading Transit & Light Company. Trespass to recover damages for personal injuries to a child seven years old. Before Endlich, P. J. The opinion of the Superior Court states the case. Yerdict and judgment for Julia Hagos for $1,245.83, and for Stefan Hagos $800. Defendant appealed. Error assigned was in refusing defendant’s motion for judgment n. o. v.

1Opinion of the Court

Opinion by

Williams, J.,

The only question in this appeal is whether there was made out a case of negligence, on the part of the defendant, which justified the court below in submitting the question to the jury.

Taking into consideration all the evidence adduced by both plaintiff and defendant, which it had a right to do: Husvar v. Delaware, Lackawanna and Western R. R. Co., 232 Pa. 278; the jury could well have found that the *424motorman could have seen the children were about to cross, or were crossing, the defendant’s tracks in time to prevent the accident. The appellant’s contention, that the…

2Cases cited2 opinions

  1. Husvar v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1911
  2. Tate v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1914

3Cited by2 opinions

  1. Hagos v. Reading Transit & Light Co.Superior Court of Pennsylvania · 1917
  2. Reaney v. JonesSuperior Court of Pennsylvania · 1921

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