DeKyne v. Smith
Superior Court of Pennsylvania
Appeal, No. 96, Oct. T., 1909, by defendant, from judgment of 0. P. No. 2, Phila. Co., June T., 1907, No. 2,075, on verdict for plaintiff in case of John J. DeKyne v. George Smith. Trespass to recover damages for personal injuries. Before Barratt, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 96, Oct. T., 1909, by defendant, from judgment of 0. P. No. 2, Phila. Co., June T., 1907, No. 2,075, on verdict for plaintiff in case of John J. DeKyne v. George Smith. Trespass to recover damages for personal injuries. Before Barratt, J. The facts are stated in the opinion of the Superior Court. Defendant presented the following points: 1. If the plaintiff, having seen the defendant’s wagon approaching the crossing while still five yards distant from him, saw, or by the exercise of reasonable care could have seen the track or tracks in the bed of the street and had knowledge that…
1Opinion of the Court
Opinion by
Morrison, J.,
In this action of trespass, based on the alleged negligence of the defendant, there was a motion for a binding instruction in favor of the defendant, and thereafter motion for judgment *13n. o. v. in favor of the defendant. The learned court refused binding instructions in favor of the defendant and refused judgment non obstante veredicto, and entered judgment on the verdict in favor of the plaintiff for $350.
We find in the record no exception to the general charge and no exception to the refusal of judgment non obstante veredicto, but the defendant did except to and…
2Cited by1 opinion
- McGettigan v. Quaker City Automobile Co.Superior Court of Pennsylvania · 1912