Smith v. Phila. Traction Co.
Superior Court of Pennsylvania
Appeal, No. 117, Nov. T., 1896, by-defendant, from judgment of C. P. No. 1, Phila. Co., March T., 1894, No. 118, on verdict for plaintiff. Trespass for alleged negligent collision.
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Appeal, No. 117, Nov. T., 1896, by-defendant, from judgment of C. P. No. 1, Phila. Co., March T., 1894, No. 118, on verdict for plaintiff. Trespass for alleged negligent collision. Before Beitler, J. The following facts appear from the opinion of the Superior Court: “ On January 1,1894, the plaintiff’s team, hitched to a heavily laden wagon in charge of John Search, the driver, was going northward on Front street, between Bainbridge and Catharine streets, in the city.of Philadelphia, and when about midway of a long square, collided with the defendant’s electric car going south. The horses and…
1Opinion of the Court
Opinion by
Smith, J.,
(after stating the facts as above):
Was the driver’s failure to get off the track in time to avoid the collision, under the circumstances negligence per se ? If it was, then the defendant’s fourth point should have been affirmed and a verdict directed for the defendant. If, however, it was not, then the questions of negligence and contributory negligence were for the jury.
It must be admitted that he who drives a team across or along an electric railway track is held to a higher measure of duty than if it were a track for horse cars. One purpose of the greater motor power is…
2Cases cited8 opinions
- Ehrisman v. East Harrisburg City Passenger Railway Co.Supreme Court of Pennsylvania · 1892
- Gilmore v. Federal Street & Pleasant Valley Passenger Railway Co.Supreme Court of Pennsylvania · 1893
- Schnur v. Citizens' Traction Co.Supreme Court of Pennsylvania · 1893
- Thatcher v. Central Traction Co.Supreme Court of Pennsylvania · 1895
- Gibbons v. Wilkes-BarreSupreme Court of Pennsylvania · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Davidson v. Schuylkill Traction Co.Superior Court of Pennsylvania · 1897
- Beaumont v. Beaver Valley Traction Co.Supreme Court of Pennsylvania · 1929
- Jones Bros. v. Greensburg, Jeannette & Pittsburg Street Railway Co.Superior Court of Pennsylvania · 1898
- Farley v. Altoona & Logan Valley Electric Railway Co.Superior Court of Pennsylvania · 1907
- Raulston v. Traction Co.Superior Court of Pennsylvania · 1900
1 more not listed; retrieve them via the Exa API.