Conner v. Pittsburg Railways Co.
Superior Court of Pennsylvania
Appeal, No. 10, April T., 1909, by defendant, from judgment of C. P. No. 4, Allegheny Co., Third Term, 1907, No. 794, on verdict for plaintiff in case of William M. Conner v. Pittsburg Railways Company. Trespass to recover damages for personal injuries. Before Carnahan, J. The facts appear by the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,400. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Henderson, J.,
It requires a clear case to justify the court in denying a recovery to the plaintiff on account of contributory negligence. This is not such a case. No evidence was introduced for the defendant and the argument in behalf of the appellant is based on the testimony introduced by the plaintiff. The accident occurred on Robinson street on which a single track of the defendant company is located. The plaintiff was driving westwardly; the car with which he was in collision was going eastwardly. An ice wagon standing in front of a saloon on the north side of the street…
2Cases cited1 opinion
- Cleary v. PittsburghSupreme Court of Pennsylvania · 1897
3Cited by2 opinions
- Boden v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1921
- Roof v. Philadelphia Rapid Transit Co., Pennsylvania Court of Common Pleas, Philadelphia County1935