Lyons v. Union Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 294, Jan. T., 1908, by defendant, from judgment of C. P. No. 3, Phila. Co., March T., 1901, No. 441, on verdict for plaintiff in case of John Lyons v. Union Traction Company. Trespass to recover damages for personal injuries. Before Me Michael, J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $1,800. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Mb. Justice Thompson,
If from the facts in this case the logical deduction was clear and without doubt that the appellee was guilty of negligence which contributed to the accident causing the injury to him, the question of his negligence became one of law and the appellant was entitled to binding instructions in its favor. The evidence shows that appellee came down Rising Sun lane to Germantown avenue upon which appellant had two tracks, one for its cars moving southward and one for those moving northward. Upon its western track the cars run in a southerly direction and upon its…
2Cases cited3 opinions
- Phillips v. People's Passenger Railway Co.Supreme Court of Pennsylvania · 1899
- Moser v. Union Traction Co.Supreme Court of Pennsylvania · 1903
- Tyson v. Union Traction Co.Supreme Court of Pennsylvania · 1901
3Cited by1 opinion
- Moore v. Kansas City Railways Co.Supreme Court of Kansas · 1921