Gould ex rel. Shadd v. Union Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 213, Jan. T., 1898, by defendant, from judgment of C. P. No. 3, Pliila. County, Dec. T., 1896, No. 131, on verdict for plaintiff. Trespass for personal injuries. Before McMichael, J. The facts appear by the opinion of the Supreme Court. Defendant’s point and the answer thereto among others were as follows: Under all the evidence your verdict must be for the defendant. Answer: Refused. [1] Verdict and judgment for plaintiff for $2,500. Defendant appealed.
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Appeal, No. 213, Jan. T., 1898, by defendant, from judgment of C. P. No. 3, Pliila. County, Dec. T., 1896, No. 131, on verdict for plaintiff. Trespass for personal injuries. Before McMichael, J. The facts appear by the opinion of the Supreme Court. Defendant’s point and the answer thereto among others were as follows: Under all the evidence your verdict must be for the defendant. Answer: Refused. [1] Verdict and judgment for plaintiff for $2,500. Defendant appealed. Urror assigned among others was (1) above instruction, quoting it. In the absence of negligence by the defendant, the incapacity…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The plaintiff, a boy 12 years of age, mounted on a bicycle and riding at a speed of seven or eight miles an hour, came from Rodman street, a narrow street about midway in a block, into Tenth street, on which the defendant’s cars ran in a southerly direction. He intended to turn north on Tenth street as soon *200as he reached the corner, but was prevented from doing so by a wagon which was standing between the curb and the car tracks. He went on directly into Tenth street until he had passed the end of the wagon, and when in the act of turning north around it he observed…
2Cases cited1 opinion
- Harkins v. Pittsburg, Allegheny & Manchester Traction Co.Supreme Court of Pennsylvania · 1896
3Cited by4 opinions
- Miller v. Union Traction Co.Supreme Court of Pennsylvania · 1901
- Beer v. Clarion TownshipSuperior Court of Pennsylvania · 1901
- Crone v. Harrisburg Railways Co.Supreme Court of Pennsylvania · 1928
- Spencer v. Chicago City Railway Co.Appellate Court of Illinois · 1921