McCaughey v. American Ice Co.
Superior Court of Pennsylvania
Appeal, No. 170, Oct. T., 1910, by defendant, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1908, No. 843, on verdict for plaintiff in case of Eliza McCaughey v. American Ice Company. Trespass to recover damages for personal injuries. Before Carr, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 170, Oct. T., 1910, by defendant, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1908, No. 843, on verdict for plaintiff in case of Eliza McCaughey v. American Ice Company. Trespass to recover damages for personal injuries. Before Carr, J. The facts are stated in the opinion of the Superior Court. Verdict for Eliza McCaughey for $2,000 and for Hugh D. McCaughey for $1,000. Subsequently judgment was entered on the verdicts for $1,400 and $600, respectively, all above those amounts having been remitted. Defendant appealed. Error assigned among others was in refusing binding…
1Opinion of the Court
Opinion by
Orlady, J.,
The proximate and sole cause of the plaintiff’s injuries, was the defendant’s heavy ice wagon violently striking a milk wagon, and forcing it against her with such force *371that she was thrown backward on the pavement on which she had been standing.
The only possible cause of this collision was the speed with which the driver of the ice wagon was making his turn on a sloping roadway. Had he been driving with less haste, his wagon would not have slipped or skidded, and the accident would not have happened. From his testimony, he was not unaccustomed to such incidents. When…
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- Johnson v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1914
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