Kelly v. Werner Co.
Superior Court of Pennsylvania
Appeal, No. 250, Oct. T., 1917, by plaintiff, from judgment of C. P. Northampton Co., Dec. T., 1913, No. 29, for defendant n. o. v. in case of David Kelly, now Mary U. Kelly, Administratrix, v. Werner Company. Trespass to recover damages for death.
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Appeal, No. 250, Oct. T., 1917, by plaintiff, from judgment of C. P. Northampton Co., Dec. T., 1913, No. 29, for defendant n. o. v. in case of David Kelly, now Mary U. Kelly, Administratrix, v. Werner Company. Trespass to recover damages for death. Before Stewart, P. J. At the trial the jury returned a verdict for plaintiff for $1,275. Subsequently the court entered judgment for defendant n. o. v. Error assigned was in entering judgment for defendant n. o. v. The driver of the first truck of course could not see what was occurring behind him, and the power which propelled these vehicles being…
1Opinion of the Court
Opinion by
Orlady, P. J.,
David W. Kelly was injured about eight o’clock in the evening of December 13, 1912, while crossing the principal street of the City of Easton where it joins a public square, at a time when the street was occupied by crowded traffic. While on the curb, he noticed the defendant’s motortruck approaching at a slow rate of speed; after the truck passed, and seeing another one coming from the same direction, at a slow speed, he proceeded to pass between them, and when half way across the street, was tripped by a rope which was stretched between the two trucks, and before he…
2Cases cited3 opinions
- Pennsylvania Railroad v. HopeSupreme Court of Pennsylvania · 1876
- Schum v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1884
- Central District & Printing Telegraph Co. v. Otis Elevator Co.Superior Court of Pennsylvania · 1913
3Cited by1 opinion
- Dorris v. Bridgman & Co.Supreme Court of Pennsylvania · 1928