Smith v. Pennsylvania Railroad
Supreme Court of Pennsylvania
Appeal, No. 157, Jan. T., 1916, by defendant, from judgment of C. P. No. 4, Philadelphia Co., March T., 1914, No. 5394, on verdict for plaintiff, in case of Walter Smith v. The Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Before Audenried, P. J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $5,000 and judgment thereon. Defendant appealed.
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Appeal, No. 157, Jan. T., 1916, by defendant, from judgment of C. P. No. 4, Philadelphia Co., March T., 1914, No. 5394, on verdict for plaintiff, in case of Walter Smith v. The Pennsylvania Railroad Company. Trespass to recover damages for personal injuries. Before Audenried, P. J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $5,000 and judgment thereon. Defendant appealed. Errors assigned, among others, were in refusing to direct a verdict for defendant and in refusing to enter judgment for defendant n. o. v. '
1Opinion of the Court
Opinion By
Mr. Justice Frazer,
Plaintiff sues to recover damages for injuries sustained on the evening of February 14, 1910, between eight and nine o’clock, by being struck by a moving car of defendant company at a street crossing in the City of Philadelphia. At the place of the accident defendant’s tracks are laid on Swanson street, an unopened thoroughfare, and cross Mifflin street, an open and considerably used highway.
The court below refused defendant’s request for binding instructions in its favor, and submitted to the jury the question of negligence on the part of defendant, and…
2Cases cited3 opinions
- Marland v. Pittsb. & L. E. R.Supreme Court of Pennsylvania · 1889
- Penn. R. v. BellSupreme Court of Pennsylvania · 1888
- Blight v. Camden etc. R.Supreme Court of Pennsylvania · 1891