Odbert v. Webster, Monessen, Bellevernon & Fayette City Street Railway Co.
Superior Court of Pennsylvania
Appeal, No. 13, April T., 1912, by defendant, from judgment of C. P. Westmoreland Co., Nov. T., 1909, No. 581, on verdict for plaintiff in case of H. N. Odbert v. Webster, Monessen, Bellevernon & Fayette City Street Railway Company. Trespass to recover damages for injuries to plaintiff, his wife and children and for injuries to an automobile. Before Doty, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 13, April T., 1912, by defendant, from judgment of C. P. Westmoreland Co., Nov. T., 1909, No. 581, on verdict for plaintiff in case of H. N. Odbert v. Webster, Monessen, Bellevernon & Fayette City Street Railway Company. Trespass to recover damages for injuries to plaintiff, his wife and children and for injuries to an automobile. Before Doty, P. J. The facts are stated in the opinion of the Superior Court. At the trial the court refused binding instructions for defendant. Verdict and judgment for plaintiff for $715. Defendant appealed.
1Opinion of the Court
Opinion by
Morrison, J.,
This action of trespass resulted from an accident which occurred on November 22, 1908, where the public road crosses the tracks of the defendant company in Rostraver township, Westmoreland county, between Bellevernon and Monessen. There were nine people riding in an Olds five passenger automobile and in attempting to cross the defendant’s track a collision occurred and one passenger was fatally injured and several others seriously. The plaintiff owned the automobile and was driving it himself. The accident occurred in the evening and it was quite dark. To sustain the…
2Cases cited8 opinions
- Thane v. Scranton Traction Co.Supreme Court of Pennsylvania · 1899
- McCracken v. Consolidated Traction Co.Supreme Court of Pennsylvania · 1902
- Yingst v. Lebanon & Annville St. Ry. Co.Supreme Court of Pennsylvania · 1895
- Hess v. Williamsport & North Branch RailroadSupreme Court of Pennsylvania · 1897
- Tozer v. Altoona & Logan Valley Electric Railway Co.Superior Court of Pennsylvania · 1911
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3Cited by1 opinion
- Dopler v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1931