Wagner v. Lehigh Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 216, Jan. T., 1904, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1903, No. 211, on verdict for plaintiff in case of Elmer E. Wagner and Nellie Wagner v. Lehigh Traction Company. Trespass to recover damages for personal injuries. Before Lynch, P. J. The circumstances of the accident are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff Elmer E. Wagner for $2,000 and for Nellie Wagner $4,000. Defendant appealed.
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Appeal, No. 216, Jan. T., 1904, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1903, No. 211, on verdict for plaintiff in case of Elmer E. Wagner and Nellie Wagner v. Lehigh Traction Company. Trespass to recover damages for personal injuries. Before Lynch, P. J. The circumstances of the accident are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff Elmer E. Wagner for $2,000 and for Nellie Wagner $4,000. Defendant appealed. Errors assigned were various instructions, particularly in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Mb. Justice Elkin,
The plaintiffs in their statement of claim charged the defendant company with negligence in two respects; first, in run*134niho- the electric car, which collided-with the wagon and caused the accident, in a negligent, careless and reckless manner; second, in negligently, carelessly and defectively maintaining its tracks on, over and across the bridge where the accident occurred, so that there was a space between the traveled roadway of the bridge and one of the rails of the track sufficiently wide to permit the wheel of the wagon on which appellees were riding to drop…
2Cited by8 opinions
- Erbe v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1917
- Kirschbaum v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1920
- Wilhelm v. Sunbury & Selinsgrove Ry. Co.Supreme Court of Pennsylvania · 1924
- Connor v. Phila. R. T. Co.Superior Court of Pennsylvania · 1929
- Elgin, Aurora & Southern Traction Co. v. HenchAppellate Court of Illinois · 1907
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