Legal Opinion

Berry v. Pittsburg Railways Co.

Superior Court of Pennsylvania

Decided October 13, 1913No. Appeal, No. 210PublishedCited by 3 opinions

Appeal, No. 210, April T., 1913, by defendant, from judgment of C. P. Allegheny Co., May T., 1911, No. 425, on verdict for plaintiff in case of Daniel B. Berry v. Pittsburg Railways Company. Trespass to recover damages for personal injuries. Before Cohen, J. The facts are stated in the opinion of the Superior Court.

Read the full summary

Appeal, No. 210, April T., 1913, by defendant, from judgment of C. P. Allegheny Co., May T., 1911, No. 425, on verdict for plaintiff in case of Daniel B. Berry v. Pittsburg Railways Company. Trespass to recover damages for personal injuries. Before Cohen, J. The facts are stated in the opinion of the Superior Court. After the charge counsel for defendant made this suggestion to the court: Mr. Smith: I was going to suggest this, if the court please: You began your charge by looking at it from the standpoint and the story of the plaintiff, and of course in that story there is nothing about the…

1Opinion of the Court

Opinion by

Morrison, J.,

On the evening of November 22, 1910, just before dark, Harry DeHall, a colored chauffeur, was driving his employer’s automobile eastwardly on Fifth avenue in the city of Pittsburg and he picked up Berry, plaintiff in this case, also a colored man, who was standing on a street corner at some point on Fifth avenue below the Craig street crossing of said avenue. There were no other occupants of the automobile except the two colored men. They continued eastwardly on Fifth avenue on the right hand or south driveway, between the street car track and the curb. At the corner of…

2Cases cited15 opinions

  1. Herstine v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1892
  2. Cohen v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1910
  3. Huddleston v. Borough of West BellevueSupreme Court of Pennsylvania · 1886
  4. Davies v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1910
  5. Hodder v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1907

10 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Cain v. KohlmanSupreme Court of Pennsylvania · 1941
  2. RAGO v. NelsonSuperior Court of Pennsylvania · 1960
  3. Wally v. ClarkSupreme Court of Pennsylvania · 1919

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API