Rogers v. Philadelphia & West Chester Traction Co.
Superior Court of Pennsylvania
Appeal, No. 47, Oct. T., 1917, by defendant, from judgment of C. P. Del. Co., March T., 1913, No. 210, on verdict for plaintiff in case of Charles Rogers v. Philadelphia & West Chester Traction Company. Trespass to recover damages for personal injuries. Before Broomall, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $110. Defendant appealed. Error assigned was in refusing defendant’s motion for judgment n. o. v.
1Opinion of the Court
Per Curiam,
The plaintiff was driving a two-horse team owned by M. R. Lane and wife, hauling a heavy no-top, dump wagon, loaded with hickory posts 6 feet, 6 inches long, averaging about 9 inches in diameter, and weighing about 3,300 pounds. He was an experienced driver and familiar with the crossing of the tracks he was about to enter. He testified that, when the horses’ heads were 2 or 3 feet away from the first rail, he stopped, looked and listened, and not hearing either whistle or other signal, and not seeing any car, he entered upon the crossing, and when the rear wheels were on the…
2Cases cited7 opinions
- Wolf v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1916
- Bernstein v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1916
- Shaffer v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1917
- Clift v. Philadelphia & West Chester Traction Co.Superior Court of Pennsylvania · 1913
- Klingmann v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1916
2 more not listed; retrieve them via the Exa API.