Kleinert v. Rees
Superior Court of Pennsylvania
Appeal, No. 53, Oct. T., 1897, by defendants from judgment of C. P. No. 1, Phila. Co., June T., 1894, No. 450, on verdict for plaintiff. Trespass for personal injuries. Before Brégy, J. It appears from the evidence that plaintiff was walking on Juniper street in the city of Philadelphia which runs north and south, east of Broad street, and is twenty-eight feet in width, having seven feet wide sidewalks on each side and a road bed fourteen feet in width.
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Appeal, No. 53, Oct. T., 1897, by defendants from judgment of C. P. No. 1, Phila. Co., June T., 1894, No. 450, on verdict for plaintiff. Trespass for personal injuries. Before Brégy, J. It appears from the evidence that plaintiff was walking on Juniper street in the city of Philadelphia which runs north and south, east of Broad street, and is twenty-eight feet in width, having seven feet wide sidewalks on each side and a road bed fourteen feet in width. Arch street runs east and west at right angles with Jumper street, and is of the width of seventy-two ■feet, having sidewalks on each side of…
1Opinion of the Court
Opinion by
Beaver, J.,
No fault is found with the manner in which the facts of this case were submitted to the jury, if there were any facts to be submitted. The court below was asked to say in a point submitted by the appellants: “ There is no such evidence of neglect in this case as ought reasonably to satisfy you thereof and, therefore, I instruct you, on the whole case, your verdict should be for the defendants,” which was declined.
The wagon of the defendants was being driven rapidly; so rapidly that the witness, Mrs. Young, says: “I knew it was a heavy wagon coming down the street and…
2Cases cited1 opinion
- Christian v. Commercial Ice Co.Superior Court of Pennsylvania · 1897
3Cited by2 opinions
- Kerbaugh v. United States Express Co.Superior Court of Pennsylvania · 1914
- Safian v. American Ice Co.Superior Court of Pennsylvania · 1917