McCracken v. Consolidated Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 23, 0ct. T., 1900, by defendant, from judgment of C. F. No. 3, Allegheny Co., May T., 1899, No. 337, on verdict for plaintiff in case of Ada McCracken v. Consolidated Traction Company. Trespass to recover damages for death of plaintiff’s husband. Before Kennedy, P. J. The facts are fully stated in the opinion of the Supreme Court. The court refused to give binding instructions for defendant. Yerdict and judgment for plaintiff for $5,000. Defendant appealed.
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Appeal, No. 23, 0ct. T., 1900, by defendant, from judgment of C. F. No. 3, Allegheny Co., May T., 1899, No. 337, on verdict for plaintiff in case of Ada McCracken v. Consolidated Traction Company. Trespass to recover damages for death of plaintiff’s husband. Before Kennedy, P. J. The facts are fully stated in the opinion of the Supreme Court. The court refused to give binding instructions for defendant. Yerdict and judgment for plaintiff for $5,000. Defendant appealed. Error assigned was in refusing to give binding instructions for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Dean,
On May 9, 1898, about noon Charles H. McCracken and his son Charles H. McCracken, Jr., the son being about twenty years of age, started on bicycles from the father’s store in East End, Pittsburg, to their home on Centre avenue. Their route from the store was on Morewood avenue, a wide street with descending grade which strikes Centre avenue but does not cross it. Centre avenue is sixty feet wide and has on it the two street car tracks of defendant company. The tracks are in the middle of the street and on each side is a carriage way. The grade is a descending one…
2Cases cited4 opinions
- Ehrisman v. East Harrisburg City Passenger Railway Co.Supreme Court of Pennsylvania · 1892
- Hess v. Williamsport & North Branch RailroadSupreme Court of Pennsylvania · 1897
- Trout v. Altoona & Logan Valley Electric Railway Co.Superior Court of Pennsylvania · 1900
- Darwood v. Union Traction Co.Supreme Court of Pennsylvania · 1899
3Cited by19 opinions
- Wolf v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1916
- Dopler v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1931
- Moses v. Northwestern Pennsylvania Railway Co.Supreme Court of Pennsylvania · 1917
- Gavin v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1921
- Smith v. Lehigh Valley Transit Co.Supreme Court of Pennsylvania · 1929
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