Davis v. Media, Middletown, Aston & Chester Electric Railway Co.
Superior Court of Pennsylvania
Appeal, No. 194, Oct. T., 1903, by-defendant, from judgment of C. P. Del. Co.; Dec. T., 1901, No. 119, on verdict for plaintiff, in case of Jacob- Harrison Davis v. The Media, Middletown Aston and Chester Electric Railway Company. Trespass to recover damages for personal injuries and for injuries to a horse, wagon and harness. Before Johnson, P. J. The circumstances of the accident are stated in the opinion of the Superior Court.
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Appeal, No. 194, Oct. T., 1903, by-defendant, from judgment of C. P. Del. Co.; Dec. T., 1901, No. 119, on verdict for plaintiff, in case of Jacob- Harrison Davis v. The Media, Middletown Aston and Chester Electric Railway Company. Trespass to recover damages for personal injuries and for injuries to a horse, wagon and harness. Before Johnson, P. J. The circumstances of the accident are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $100. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Porter, J.,
There is but one question presented by this record: was the defendant entitled to binding instructions ? This was not the case of a traveler turning and driving suddenly in front of an approaching car. The plaintiff had driven for a long distance upon the tracks of the defendant company along a country road, his wagon was a covered one and was heavily loaded; in the wagon there was a lighted lantern and in the curtain at the back there was a glass through which the light shone, and this under ordinary conditions of the atmosphere ought to have been visible for a…
2Cases cited9 opinions
- Kline ex rel. Kline v. Electric Traction Co.Supreme Court of Pennsylvania · 1897
- Harkins v. Pittsburg, Allegheny & Manchester Traction Co.Supreme Court of Pennsylvania · 1896
- Gress v. Railway Co.Superior Court of Pennsylvania · 1900
- Holt v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1903
- Kaechele v. Traction Co.Superior Court of Pennsylvania · 1900
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Sieb v. Central Pennsylvania Traction Co.Superior Court of Pennsylvania · 1911
- Harper v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1917
- Farley v. Altoona & Logan Valley Electric Railway Co.Superior Court of Pennsylvania · 1907
- Rose v. Southern Cambria Railway Co.Superior Court of Pennsylvania · 1914
- Hastings v. Northampton Transit Co.Superior Court of Pennsylvania · 1930
2 more not listed; retrieve them via the Exa API.