Cupps v. Traction Co.
Superior Court of Pennsylvania
Appeal, No. 118, April T., 1900, by defendant, in a suit of J. W. Cupps against the Consolidated Traction Company, from judgment of C. P. No. 3, Allegheny Co., May T., 1899, No. 613, on verdict for plaintiff. Opinion by W. W. Porter, J. Orlady, J., dissents. Trespass for personal injury. It appears from the evidence that the Consolidated Traction Company operates a double track street car line the entire distance of Fifth avenue in the city of Pittsburg.
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Appeal, No. 118, April T., 1900, by defendant, in a suit of J. W. Cupps against the Consolidated Traction Company, from judgment of C. P. No. 3, Allegheny Co., May T., 1899, No. 613, on verdict for plaintiff. Opinion by W. W. Porter, J. Orlady, J., dissents. Trespass for personal injury. It appears from the evidence that the Consolidated Traction Company operates a double track street car line the entire distance of Fifth avenue in the city of Pittsburg. In the portion of the city generally known as East End, about midway between Moorewood avenue and Bidwell street which both cross Fifth…
1DissentOrlady, J.
The most severe construction to be placed on the plaintiff’s testimony indicates that he attempted to cross over two parallel trolley tracks, located close together, on a wide avenue, at a time when a car was approaching 200 feet distant from the west and another over 300 feet away, from the east. There was a driveway on the outside of the trolley tracks thirteen and one half feet wide. The plaintiff was driving two horses, and hauling an unwieldy load of lumber piled six feet high above the bolsters of the wagon. When he entered upon the avenue from á private residence in the middle of the…
2Cases cited7 opinions
- Ely v. Pittsburgh, Cincinnati, Chicago & St. Louis RailwaySupreme Court of Pennsylvania · 1893
- Ellis v. Lake Shore Etc. R.Supreme Court of Pennsylvania · 1891
- Whitman v. Pennsylvania R. R.Supreme Court of Pennsylvania · 1893
- Hughes v. President of the Delaware & Hudson Canal Co.Supreme Court of Pennsylvania · 1896
- North Broad Safe Deposit & Storage Co. v. Chester, Darby & Philadelphia Railway Co.Superior Court of Pennsylvania · 1897
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