Downey v. Pittsburgh, Allegheny & Manchester Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 247, Oct. T., 1893, by defendant, from judgment 'of O. P. No. 3, Allegheny Co., Feb. T., 1892, No. 213, on verdict for plaintiff, John Downey. Trespass for personal injuries, and. for injury to horses and wagon, by collision with electric car.
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Appeal, No. 247, Oct. T., 1893, by defendant, from judgment 'of O. P. No. 3, Allegheny Co., Feb. T., 1892, No. 213, on verdict for plaintiff, John Downey. Trespass for personal injuries, and. for injury to horses and wagon, by collision with electric car. Before Mo Clung, J. At the trial there was evidence to the effect that, on Oct. 29, 1891, plaintiff, while driving a team of horses hitched to a heavy market wagon, was injured by a collision with a trolley car, running at a high rate of speed without warning, at the intersection of Locust street and Beaver avenue in Allegheny city. The…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
The sole contention of the appellant company is that the injuries to the person and property of the plaintiff were occasioned by his own negligence. It rested its motion for a compulsory nonsuit distinctly upon this proposition, and its argument in this court was devoted exclusively to the maintenance of it. It certainly cannot successfully contend that under the evidence in the case the court should have instructed the jury to render a verdict in its favor on the ground that there was no negligence on its part, because if the plaintiff’s witnesses were believed…
2Cases cited2 opinions
- Ehrisman v. East Harrisburg City Passenger Railway Co.Supreme Court of Pennsylvania · 1892
- Carson v. Federal Street & Pleasant Valley Ry. Co.Supreme Court of Pennsylvania · 1892
3Cited by3 opinions
- Kern v. Second Avenue Traction Co.Supreme Court of Pennsylvania · 1899
- Moraski v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1928
- Moraski v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1928