Davidson v. Schuylkill Traction Co.
Superior Court of Pennsylvania
Appeal, No. 99, Nov. T., 1896, by defendant, from judgment of C. P. Schuylkill Co., Nov. T., 1898, No. 131, on verdict for plaintiff. Trespass for personal injuries arising from a collision. Before Savidge, P. J., specially presiding.
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Appeal, No. 99, Nov. T., 1896, by defendant, from judgment of C. P. Schuylkill Co., Nov. T., 1898, No. 131, on verdict for plaintiff. Trespass for personal injuries arising from a collision. Before Savidge, P. J., specially presiding. There was evidence tending to show that the plaintiff, while driving a horse and wagon upon the public highway in the borough of Gilberton, was struck by a car on the tracks of the defendant company from which injuries resulted to himself and wagon; that plaintiff while driving along with his goods noticed that a vinegar jar had fallen over; that he naturally…
1Opinion of the Court
Opinion by
Rice, P. J.,
Negligence is always a question for the jury whenever there is a conflict of testimony, or for any cause there is a reasonable doubt as to the facts or as to the inferences to be drawn from them. If the motorman of the defendant company saw, or, in the exercise of due care, ought to have seen the plaintiff on the track and making ineffectual efforts to get off, and by slowing up his car could have avoided the collision, and failed to stop or slow up his car; or if, having regard to the narrowness of the traveled portion of the highway, the amount of travel *90thereon, the…
2Cases cited17 opinions
- Hayes v. Michigan Central RailroadSupreme Court of the United States · 1884
- Ehrisman v. East Harrisburg City Passenger Railway Co.Supreme Court of Pennsylvania · 1892
- Delaware R. v. Jones, Pennsylvania Court of Common Pleas, Luzerne County1889
- Steinbrunner v. Pittsb. etc. Ry. Co., Pennsylvania Court of Common Pleas, Alleghany County1892
- Lederman v. Penna. RailroadSupreme Court of Pennsylvania · 1895
12 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Murphy v. Phila. Rapid Transit Co.Supreme Court of Pennsylvania · 1925
- Theisen v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1917
- Craven v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1914
- Jones Bros. v. Greensburg, Jeannette & Pittsburg Street Railway Co.Superior Court of Pennsylvania · 1898
- Harper v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1917
12 more not listed; retrieve them via the Exa API.