Ervay v. Waverly, Sayre & Athens Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 333, Jan. T., 1912, by defendant, from judgment of C. P. Bradford Co., May T., 1910, No. 319, on verdict for plaintiff in case of Noble Ervay v. Waverly, Sayre & Athens Traction Company. Trespass for personal injuries. Before Cameron, P. J. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $2,000. Defendant appealed.
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Appeal, No. 333, Jan. T., 1912, by defendant, from judgment of C. P. Bradford Co., May T., 1910, No. 319, on verdict for plaintiff in case of Noble Ervay v. Waverly, Sayre & Athens Traction Company. Trespass for personal injuries. Before Cameron, P. J. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $2,000. Defendant appealed. Errors assigned were the refusal of binding instructions for defendant- and defendant’s motion for judgment n. o. v.
1Opinion of the Court
Opinion by
Mr. Chief Justice Fell,
The plaintiff was injured in a collision between along sled in which he was riding and a car of the defendant at a street crossing in a borough. When he reached the house line of the street on which the defendant had a single track road he saw a car three hundred or four hundred feet from the intersection and approaching very rapidly. When his horses’ front feet were on the footway crossing fifteen feet from the tracks, he again looked at the car and saw it two hundred or two hundred and fifty feet from the intersection and then saw that it was approaching…
2Cases cited2 opinions
- Ehrisman v. East Harrisburg City Passenger Railway Co.Supreme Court of Pennsylvania · 1892
- Smathers v. Pittsburg & Butler Street Railway Co.Supreme Court of Pennsylvania · 1910
3Cited by9 opinions
- Moses v. Northwestern Pennsylvania Railway Co.Supreme Court of Pennsylvania · 1917
- Patton v. GeorgeSupreme Court of Pennsylvania · 1925
- Smith v. Lehigh Valley Transit Co.Supreme Court of Pennsylvania · 1929
- Barton v. Lehigh Valley Transit Co.Supreme Court of Pennsylvania · 1925
- Moore v. Erie Rys. Co.Supreme Court of Pennsylvania · 1932
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