Bornscheuer v. Consolidated Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 141, Oct. T., 1900, by-plaintiff, from order of C. P. No. 2, Allegheny Co., July T., 1898, No. 369, refusing to take off nonsuit in case of Adam Bornscheuer v. The Consolidated Traction Company. Trespass for personal injuries. Before White, P. J. The facts are fully stated in the opinion of the Supreme Court. The court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was in refusing to take off nonsuit.
1Opinion of the Court
Opinion by
Mr. Justice Brown,
The contributory negligence of the plaintiff was the reason given by the court below for entering the judgment of non-suit. On November 17,1897, he was driving eastward on Fifth avenue, in the city of Pittsburg, on which are the double tracks of the defendant. The avenue is sixty feet wide. The distance from the tracks to the curb on each side is fourteen feet. While so driving on the south side of the tracks, the plaintiff undertook to cross them at a point where Ivy street runs to, but does not intersect Fifth avenue, his intention having been to go northward on…
2Cited by25 opinions
- Lessig v. Reading Transit & Light Co.Supreme Court of Pennsylvania · 1921
- MacDonald v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1944
- Hawk v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1931
- Hill v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1921
- Riley v. McNaugherSupreme Court of Pennsylvania · 1935
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