McLoughlin v. Philadelphia Rapid Transit Co.
Superior Court of Pennsylvania
Appeal, No. 378, Oct. T., 1915, by defendant, from judgment of O. P. No. 3, Philadelphia Co., June T., 1912, No. 2820, on verdict for plaintiff in case of John J. McLoughlin v. Philadelphia Rapid Transit Company. Trespass for personal injuries. Before McMichabl, P. J. The^ facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $600. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Head, J.,
The appellant does not seek a new trial. Unless the learned trial judge should have directed a verdict for defendant, or thereafter entered judgment in its favor on the whole record, the assignments of error must be overruled. We look therefore to the testimony of the plaintiff, accepting as established by the verdict, every fact supported by his oath, and every fair inference therefrom favorable to him. We thus deduce the following facts.
Plaintiff, engaged in the business of a huckster, was driving a single horse hitched to his wagon, over a route he had traveled daily for…
2Cases cited1 opinion
- Connor v. Pittsburg Railways Co.Superior Court of Pennsylvania · 1912
3Cited by3 opinions
- Gearhart v. Altoona & Logan Valley Electric Railway Co.Superior Court of Pennsylvania · 1928
- Emmelt v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1926
- Lowry Rodgers Co. v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1927