Legal Opinion

Hellriegel v. Southern Traction Co.

Superior Court of Pennsylvania

Decided October 5, 1903No. Appeal, No. 3PublishedCited by 2 opinions

Appeal, No. 3, April T., 1903, by defendant, from judgment of C. P. No. 3, Allegheny Co., May T. 1901, No. 361, on verdict for plaintiff, in case of M. Hellriegel v. Southern Traction Company. Trespass to recover damages for personal injuries. Before Evans, J. The facts appear by the opinion of the Superior Court. The court refused binding instructions for defendant. Verdict and judgment for plaintiff for $425. Defendant appealed.

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Appeal, No. 3, April T., 1903, by defendant, from judgment of C. P. No. 3, Allegheny Co., May T. 1901, No. 361, on verdict for plaintiff, in case of M. Hellriegel v. Southern Traction Company. Trespass to recover damages for personal injuries. Before Evans, J. The facts appear by the opinion of the Superior Court. The court refused binding instructions for defendant. Verdict and judgment for plaintiff for $425. Defendant appealed. Errors assigned were (1) refusal of binding instructions for defendant; (2, 8) extracts from charge. Warren I. Seymour, with him Clarence Burleigh and James C.…

1Opinion of the Court

Opinion by

Henderson, J.,

In the trial in the court below the case was defended on the ground first, that there was no negligence on the part of the defendant, and second, that the plaintiffs were chargeable with contributory negligence. The jury found against the defendant on both propositions. Three specifications of error are assigned, the first to the refusal of the court to give binding instructions for the defendant, the second and third to parts of the charge of the court.

The defendant operated a street car line along River avenue in the borough of Espíen. Two tracks were laid, which…

2Cases cited3 opinions

  1. Carson v. Federal Street & Pleasant Valley Ry. Co.Supreme Court of Pennsylvania · 1892
  2. Fenner v. Wilkes-Barre & Wyoming Valley Traction Co.Supreme Court of Pennsylvania · 1902
  3. McFarland v. Consolidated Traction Co.Supreme Court of Pennsylvania · 1903

3Cited by2 opinions

  1. Farley v. Altoona & Logan Valley Electric Railway Co.Superior Court of Pennsylvania · 1907
  2. Sullivan v. Philadelphia Suburban Transp. Co.District Court, E.D. Pennsylvania · 1945

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