Schimmack v. Washington & Cononsburg Railway Co.
Superior Court of Pennsylvania
Appeal, No. 161, April T., 1907, by defendant, from judgment of C. P. Washington Co., May T., 1906, No. 30, on verdict for plaintiff in case of Frank Schimmack v. Washington & Cononsburg Railway Company. Trespass to recover damages for personal injuries. Before McIlvaine, P. J. y The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,350. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Orlady, J.,
The appellant operates an electric street railway in the borough of Washington; on its line on Main street, from near the court house to the intersection with Maiden street, there is an eight to nine per cent grade. Formerly the tracks continued below Maiden street, but, for some undisclosed reason, that part of the track has been abandoned, but an intersecting switch at that junction has been retained in place to connect with its track on Maiden street, which crosses Main street at right angles. *654On the morning of November 21, 1905, car No. 54 of the appellant, in charge…
2Cases cited2 opinions
- Wilson v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1896
- Small v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1907