Hauenstein v. Conestoga Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 229, Jan. T., 1909, by defendant, from judgment of C. P. Lancaster Co., Dec. T., 1907, No. 48, on verdict for plaintiff in case of Daniel L. Hauenstein v. The Conestoga Traction Company. Trespass to recover damages for personal injuries. Before Landis, P. J. The facts appear in thé opinion of the Supreme Court. Verdict and judgment for plaintiff for $1,537.50. Defendant appealed. Error assigned was refusal of binding instructions for defendant.
1Opinion of the Court
Opinion by
Mb,. Justice Mesteezat,
This is an action of trespass brought by the plaintiff to recover damages for injuries received by him by being struck by one of defendant’s cars. The only question that needs consideration here is whether the court below erred in refusing to withdraw the case from the jury and in not directing a verdict for the defendant.
The defendant operates a street railway through the borough of Mount Joy in Lancaster county. It runs an express car over its lines for the purpose of delivering freight and baggage. On the morning of the accident it carried certain freight…
2Cited by2 opinions
- Carner v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1936
- Lasater v. Conestoga Traction Co.Supreme Court of Pennsylvania · 1932