Schmidt v. McGill
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS NO. 1 OE PHILADELPHIA COUNTY. No. 116 July Term 1887, Snp. Ct.; court below, No. 106 September Term 1884, C. P. No. 1. On September 11, 1884, an action in caso for negligence was begun by Mrs. Mary McGill against Christian Schmidt, to recover damages for personal injuries.
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ERROR TO THE COURT OE COMMON PLEAS NO. 1 OE PHILADELPHIA COUNTY. No. 116 July Term 1887, Snp. Ct.; court below, No. 106 September Term 1884, C. P. No. 1. On September 11, 1884, an action in caso for negligence was begun by Mrs. Mary McGill against Christian Schmidt, to recover damages for personal injuries. At the trial on March 28, 1887, it was made to appear that on May 27, 1884, Mrs. McGill was crossing Eleventh street on Susquehanna avenue, when she was struck by the pole of a beer wagon driven up Eleventh street by John Foelker, an employee of the defendant. Susquehanna avenue runs east…
1Opinion of the Court
*412Opinion,
Me. Chief Justice Goedon :
We have before us two assignments of error for our consideration : the first to the court’s answer to one of the defendant’s points, and the other to the charge. The defendant requested the court to rule that “ if the jury believe that at the time of the alleged accident, the defendant’s driver was traveling in an ordinary manner, the defendant is not liable for an injury resulting from the use of the public street.” This request was refused. It is also alleged that the charge of the court was inadequate in this, that it did not refer to the facts proved at…
2Cases cited3 opinions
- Baker v. FehrSupreme Court of Pennsylvania · 1881
- Waters v. WingSupreme Court of Pennsylvania · 1868
- Goshorn v. SmithSupreme Court of Pennsylvania · 1880
3Cited by3 opinions
- Warner v. Peoples' St.-Railway Co.Supreme Court of Pennsylvania · 1891
- Buzby v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1889
- Streitfeld ex rel. Streitfeld v. ShoemakerSupreme Court of Pennsylvania · 1898