McCartney v. Union Traction Co.
Superior Court of Pennsylvania
Appeal, No. 117, Oct. T., 1904, by plaintiff, from judgment of O. P. No. 1, Phila. Co., Sept. T., 1899, No. 141, on verdict for defendant in case of Edward McCartney v. Union Traction Company. Trespass to recover damages for personal injuries. Before Beetles, J. The circumstances of the accident are stated in the opinion of the Superior Court. The court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed.
1Opinion of the Court
Opinion by
Morrison, J.,
On October 22,1898, about eight o’clock p. m., appellant, an experienced cab driver, was driving his employer’s coupé at a trot east on Fairmount avenue between the trolley tracks and *224the south curb. As he approached 18th street he went upon the trolley track at a jog trot, without stopping, and when his horse was upon the track he was struck by a car going north, and the horse was cut loose from the cab, and the appellant was quite seriously injured.
When the testimony for the appellant was all in the defendant offered no testimony and the court gave a binding…
2Cases cited8 opinions
- Burke v. Union Traction Co.Supreme Court of Pennsylvania · 1901
- Warner v. Peoples' St.-Railway Co.Supreme Court of Pennsylvania · 1891
- Trout v. Altoona & Logan Valley Electric Railway Co.Superior Court of Pennsylvania · 1900
- Potter v. Scranton Railway Co.Superior Court of Pennsylvania · 1902
- Cupps v. Traction Co.Superior Court of Pennsylvania · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Tozer v. Altoona & Logan Valley Electric Railway Co.Superior Court of Pennsylvania · 1911
- Odbert v. Webster, Monessen, Bellevernon & Fayette City Street Railway Co.Superior Court of Pennsylvania · 1912
- Bowen v. Buffalo & Lake Erie Traction Co.Superior Court of Pennsylvania · 1913
- Walker v. Reading Transit & Light Co.Superior Court of Pennsylvania · 1928