Darwood v. Union Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 117, January T., 1898, by plaintiff, from judgment of C. P. No. 1, Phila. County, September T., 1897, No. 801, on verdict for defendant. Trespass for personal injuries. The facts appear by the charge of the court below, which was as follows: I feel that I will be obliged to affirm the defendant’s point, which will give binding instructions to find for the defendant.
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Appeal, No. 117, January T., 1898, by plaintiff, from judgment of C. P. No. 1, Phila. County, September T., 1897, No. 801, on verdict for defendant. Trespass for personal injuries. The facts appear by the charge of the court below, which was as follows: I feel that I will be obliged to affirm the defendant’s point, which will give binding instructions to find for the defendant. I do that for this reason: Of course we all realize that the court and all of us are bound by the decisions of the Supreme Court upon these subjects, and there are very few phases of this question which have not been…
1Opinion of the Court
Per Curiam,
On the trial in the court below the defendant offered no testimony, and consequently the case was disposed of solely on plaintiff’s evidence, part of which tended to prove that defendant was guilty of negligence in carelessly running its car at an unsafe rate of speed, etc. This, without more, would have necessitated submission of the case to the jury; but it also appeared by undisputed evidence that the plaintiff himself was guilty of negligence which contributed to his injury. In view of this undisputed fact, the learned trial judge rightly held that plaintiff could not recover…
2Cited by5 opinions
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