Leary v. Electric Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 461, Jan. T., 1896, by defendant, from judgment of C. P. No. 1, Pbila. Co., June Term, 1895, No. 453, on verdict for plaintiff. Trespass for personal injuries. At tbe trial it appeared that on March 9, 1895, plaintiff was injured by being thrown from his wagon on Third street near Thompson, in the city of Philadelphia.
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Appeal, No. 461, Jan. T., 1896, by defendant, from judgment of C. P. No. 1, Pbila. Co., June Term, 1895, No. 453, on verdict for plaintiff. Trespass for personal injuries. At tbe trial it appeared that on March 9, 1895, plaintiff was injured by being thrown from his wagon on Third street near Thompson, in the city of Philadelphia. The evidence tended to show that at the time of the accident plaintiff’s wagon dropped off defendant’s rail and went into a hole alongside of the track. The hole had been made about three weeks before by a motorman and conductor in the employment of the defendant…
1Opinion of the Court
Per Curiam,
We find no error in this record. Plaintiff’s right to recover depended on questions of fact which the jury alone had the power to determine. The case was fairly submitted to them on sufficient evidence and with instructions of which the defendant company has no just reason to complain.
Two requests for instructions were submitted to the learned trial judge, both of which were rightly refused. If additional instructions, on other subjects, were desired by the defendant company, it was its privilege as well as its duty to make the request. Having omitted to do so, it is not in a…
2Cited by3 opinions
- McLaughlin v. KellySupreme Court of Pennsylvania · 1911
- Lewin v. PauliSuperior Court of Pennsylvania · 1902
- Levinson Et Ux. v. McCourySuperior Court of Pennsylvania · 1931