Thomas v. Citizens Pass. Ry. Co.
Supreme Court of Pennsylvania
APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY. No. 473 January Term 1889, Sup. Ct.; court below, No. 127 March Term 1888, C. P. On February 20,1888, Helen L. Thomas brought trespass against the Citizens Passenger Railway Company of Norris-town, Pa., to recover damages on account of a collision between a street car of the defendant company and the plaintiffs carriage, alleged to have occurred through the defendant’s negligence.
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APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY. No. 473 January Term 1889, Sup. Ct.; court below, No. 127 March Term 1888, C. P. On February 20,1888, Helen L. Thomas brought trespass against the Citizens Passenger Railway Company of Norris-town, Pa., to recover damages on account of a collision between a street car of the defendant company and the plaintiffs carriage, alleged to have occurred through the defendant’s negligence. The defendant’s plea was not guilty. At the trial on December 19, 1888, the following facts were shown: The defendant company maintains and…
1Opinion of the Court
*512Opinion,
Mr. Justice Clark :
The plaintiff in this ease, Helen L. Thomas, concedes that if the conductor or driver of this car could not have stopped it in time to avert the accident he was guilty of no negligence ; but her contention is, that if he could have done so, and did not, he was negligent, and she is entitled to recover. The only negligent act complained of, therefore, .is that the conductor did not stop the car before the collision occurred.
The plaintiff testifies that she was going down Main street on one side of the track, and that her intention was to cross the track, and go up…
2Cases cited1 opinion
- Philad. Traction Co. v. BernheimerSupreme Court of Pennsylvania · 1889
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- Warner v. Peoples' St.-Railway Co.Supreme Court of Pennsylvania · 1891
- Smith v. Electric Traction Co.Supreme Court of Pennsylvania · 1898
- De Lon v. Kokomo City Street Railway Co.Indiana Court of Appeals · 1899
- Gilmartin v. Lackawanna Valley Rapid Transit Co.Supreme Court of Pennsylvania · 1898
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