Burke v. Union Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 163, Jan. T., 1900, by plaintiff, from judgment of O. P. No. 4, Phila. Co., March T., 1899, No. 898, on verdict for defendant in case of Thomas Burke v. The Union Traction Company. Trespass to recover damages for personal injuries. Before Willson, P. J. The facts are fully stated in the opinion of the Supreme Court. The court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed.
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Appeal, No. 163, Jan. T., 1900, by plaintiff, from judgment of O. P. No. 4, Phila. Co., March T., 1899, No. 898, on verdict for defendant in case of Thomas Burke v. The Union Traction Company. Trespass to recover damages for personal injuries. Before Willson, P. J. The facts are fully stated in the opinion of the Supreme Court. The court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed. Error assigned was in giving binding instructions for defendant.
1Opinion of the Court
Opinion by
Mb,. Justice Fell,
The question raised by this appeal is whether the court erred in directing a verdict for the defendant on the ground of contributory negligence. At 6 o’clock in the evening on December 19, when the street car traffic was unusually heavy, the plaintiff was riding in a heavy covered wagon northward on Sydenham street, which is intermediate between main streets and crosses Columbia avenue at right angles. Columbia avenue is a wide thoroughfare on which are two tracks of the defendant’s road. When the plaintiff reached the house line on the south side of the avenue, he…
2Cases cited3 opinions
- Ehrisman v. East Harrisburg City Passenger Railway Co.Supreme Court of Pennsylvania · 1892
- Omslaer v. Pittsburg & Birmingham Traction Co.Supreme Court of Pennsylvania · 1895
- Smith v. Electric Traction Co.Supreme Court of Pennsylvania · 1898
3Cited by25 opinions
- Timler v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1906
- Patton v. GeorgeSupreme Court of Pennsylvania · 1925
- Donohoe v. Portland Railway Co.Oregon Supreme Court · 1910
- Keenan v. Union Traction Co.Supreme Court of Pennsylvania · 1902
- Ruthberg v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1930
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