Bane v. Pittsburgh Railways Co.
Supreme Court of Pennsylvania
Appeal, No. 134, Oct. T., 1913, by plaintiff, from judgment of O. P. Washington Co., Feb. T., 1910, No. 20, for defendant non obstante veredicto in case of Robert M. Bane v. Pittsburgh Railways Company. Trespass to recover damages for personal injuries. Before McIlvaine, P. J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 134, Oct. T., 1913, by plaintiff, from judgment of O. P. Washington Co., Feb. T., 1910, No. 20, for defendant non obstante veredicto in case of Robert M. Bane v. Pittsburgh Railways Company. Trespass to recover damages for personal injuries. Before McIlvaine, P. J. The facts appear by the opinion of the Supreme Court. The jury found a verdict for plaintiff for $8,053.03. The court subsequently directed that judgment be entered for the defendant n. o. v. Error assigned was in entering judgment for the defendant n. o. v.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The plaintiff in this case sought to recover damages for personal injuries suffered in a collision with a street car, due to the alleged negligence of the defendant in running the car at an undue rate of speed, and in failure to give notice of its approach. The defense was contributory negligence by the plaintiff, in that while driving longitudinally with the track, he turned at an angle and drove across the track in front of the approaching car, when it was so close that it could not be stopped in time to avoid the collision. The case was tried once before, and…
2Cases cited8 opinions
- Ehrisman v. East Harrisburg City Passenger Railway Co.Supreme Court of Pennsylvania · 1892
- Burke v. Union Traction Co.Supreme Court of Pennsylvania · 1901
- Omslaer v. Pittsburg & Birmingham Traction Co.Supreme Court of Pennsylvania · 1895
- Smith v. Electric Traction Co.Supreme Court of Pennsylvania · 1898
- Timler v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1906
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3Cited by2 opinions
- Miller North Broad Storage Co. v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1916
- Phila. Dairy Prod. Co. v. Phila. Rapid Transit Co.Superior Court of Pennsylvania · 1929