Everitt v. Auchu
Superior Court of Pennsylvania
Appeal, No. 15, March T., 1917, hy defendant, from judgment of C. P. Union Co., Sept. T., 1915, No. 40, on verdict for plaintiff in case of John E. Everitt v. Henry Auchu. Trespass to recover damages for personal injuries and injuries to a team of horses. Before Johnson, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $250. Defendant appealed.
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Appeal, No. 15, March T., 1917, hy defendant, from judgment of C. P. Union Co., Sept. T., 1915, No. 40, on verdict for plaintiff in case of John E. Everitt v. Henry Auchu. Trespass to recover damages for personal injuries and injuries to a team of horses. Before Johnson, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $250. Defendant appealed. Errors assigned were in refusing binding instructions for defendant, and in refusing to withdraw a juror and continue the case because of improper remarks of counsel.
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiff’s action arose out of the collision of the defendant’s automobile with his team on á public highway leading from Lewisburg to Mifflinburg in Union County. The plaintiff was driving from his house along a lane to the road and his wagon was struck while he was in the act of attempting to get out of the way of the automobile.- There was conflicting evidence as to the speed of the car. The evidence of the plaintiff would have permitted the jury to find it was running fifty miles an hour. The defendant’s evidence was to the effect that it was moving slowly and…
2Cases cited2 opinions
- Dugan v. LyonSuperior Court of Pennsylvania · 1909
- Spangler v. MarkleySuperior Court of Pennsylvania · 1909