Legal Opinion

Trumbower v. Lehigh Valley Transit Co.

Supreme Court of Pennsylvania

Decided March 18, 1912No. Appeal No. 342PublishedCited by 8 opinions

Appeal No. 342, Jan. T., 1911, by defendant, from judgment of C. P. Montgomery Co., June T., 1910, No. 49, on verdict for plaintiff in case of Adella M. Trumbower v. Lehigh Valley Transit Company. Trespass to recover damages for personal injuries. Before Weand, J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $(7,500. Defendant appealed.

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Appeal No. 342, Jan. T., 1911, by defendant, from judgment of C. P. Montgomery Co., June T., 1910, No. 49, on verdict for plaintiff in case of Adella M. Trumbower v. Lehigh Valley Transit Company. Trespass to recover damages for personal injuries. Before Weand, J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $(7,500. Defendant appealed. Errors assigned were in refusing binding instructions for defendant, and in refusing defendant’s motion for judgment n. o. v.

1Opinion of the Court

Opinion by

Me. Chief Justice Fell,

At the place of the accident in which the plaintiff was *400injured, the defendant’s track was in the middle of a narrow but much used turnpike road. Snow had been thrown from the track on the sides of the road and was of a depth that made it difficult for vehicles to travel at the sides of the road or to turn from the track to the side when cars or vehicles going in an opposite direction were met. This condition had existed for several weeks during which time travel had been practically confined to the track. The plaintiff, a young woman, and two other persons…

2Cases cited6 opinions

  1. Township of Crescent v. AndersonSupreme Court of Pennsylvania · 1887
  2. Little v. Central District & Printing Telegraph Co.Supreme Court of Pennsylvania · 1906
  3. Walsh v. Altoona & Logan Valley Electric Railway Co.Supreme Court of Pennsylvania · 1911
  4. Carr v. City of Easton, Pennsylvania Court of Common Pleas, Northampton County1891
  5. Kunkle v. Lancaster CountySupreme Court of Pennsylvania · 1907

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3Cited by8 opinions

  1. Parmenter v. McDougallCalifornia Supreme Court · 1916
  2. Hardie v. BarrettSupreme Court of Pennsylvania · 1917
  3. Mine v. Western Maryland Railway Co.Supreme Court of Pennsylvania · 1918
  4. Beaumont v. Beaver Valley Traction Co.Supreme Court of Pennsylvania · 1929
  5. Harper v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1917

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