Collins v. Second Avenue Traction Co.
Superior Court of Pennsylvania
Appeal, No. 83, April T., 1898, by defendant, from judgment of C. P. No. 1, Allegheny Co., March T., 1896, No. 700, on verdict for plaintiff. Trespass. Before Courier, J. It appears from the evidence that the plaintiff went to the car barn of the traction company to ask for work, he being an “ extra ” conductor, and that having been informed there was no car for him, he started out and in passing out he was struck by a certain ear.
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Appeal, No. 83, April T., 1898, by defendant, from judgment of C. P. No. 1, Allegheny Co., March T., 1896, No. 700, on verdict for plaintiff. Trespass. Before Courier, J. It appears from the evidence that the plaintiff went to the car barn of the traction company to ask for work, he being an “ extra ” conductor, and that having been informed there was no car for him, he started out and in passing out he was struck by a certain ear. Plaintiff alleged that he would not have been struck and injured if the motorman had not failed to sound the gong, and alleged negligence in the motorman in not…
1Opinion of the Court
Opinion by
Porter, J.,
The contention in this case seems to have centered on the proposition that the plaintiff cannot recover because his injuries *320were caused by the alleged negligence of a fellow servant. Tbe peculiar facts presented make the question thus raised an interesting one but not one whose determination is necessary to a decision of this case. Nor need the matter of the alleged negligence of the defendant be discussed, inasmuch as the testimony discloses such contributory negligence on the part of the plaintiff as should of itself have led the court below to direct a verdict against…
2Cases cited2 opinions
- Dickson v. HollisterSupreme Court of Pennsylvania · 1889
- Lumis v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1897
3Cited by2 opinions
- Barrage v. Philadelphia & Reading Railway Co.Superior Court of Pennsylvania · 1915
- Dix v. Railway Co.Superior Court of Pennsylvania · 1900