Cathcart v. Philadelphia Rapid Transit Co.
Superior Court of Pennsylvania
Appeal, No. 54, Oct. T., 1915, by defendant, from judgment of O. P. No. 1, Philadelphia Co., Dec. T., 1912, No. 4660, on verdict for plaintiff in case of John Cathcart v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries-. Before Bregy, J. The circumstances of the accident are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,000.00. Defendant appealed.
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Appeal, No. 54, Oct. T., 1915, by defendant, from judgment of O. P. No. 1, Philadelphia Co., Dec. T., 1912, No. 4660, on verdict for plaintiff in case of John Cathcart v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries-. Before Bregy, J. The circumstances of the accident are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,000.00. Defendant appealed. Error assigned was m submitting the case to the jury. cited: Latnee v. Philadelphia Rapid Transit Co., 55 Pa. Superior Ct. 362; Moss v. Philadelphia Traction Co., 180 Pa.…
1Opinion of the Court
Opinion by
Head, J.,
We are asked to reverse this judgment on two familiar grounds, viz:— (a) The evidence does not warrant a finding the defendant company was guilty of any negligent act; (b) The learned trial court should have declared, as matter of law, the plaintiff was guilty of contributory negligence. In determining such a case we have so often said we must accept as established the facts as testified to by the plaintiff with every favorable inference that can reasonably be drawn therefrom.
In the case at bar the plaintiff testifies he was the driver of a team. Just before the accident…
2Cited by3 opinions
- Francis v. Ardmore & Llanerch Street Ry. Co.Superior Court of Pennsylvania · 1917
- Mellinger v. Conestoga Traction Co.Superior Court of Pennsylvania · 1927
- Rogers v. Philadelphia & West Chester Traction Co.Superior Court of Pennsylvania · 1918