McCarthy v. Philadelphia & Reading Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 103, Jan. T., 1904, by defendant, from judgment of C. P. No. 4, Pbila. Co., March T., 1902, No. 1213, on verdict for plaintiff in case of Cornelius McCarthy v. Philadelphia and Reading Railway Company. Trespass to recover damages for personal injuries. Before Call, J. At the trial it appeared that plaintiff, whose occupation was that of a bartender, was riding at the time of the accident on the back step of an ice wagon.
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Appeal, No. 103, Jan. T., 1904, by defendant, from judgment of C. P. No. 4, Pbila. Co., March T., 1902, No. 1213, on verdict for plaintiff in case of Cornelius McCarthy v. Philadelphia and Reading Railway Company. Trespass to recover damages for personal injuries. Before Call, J. At the trial it appeared that plaintiff, whose occupation was that of a bartender, was riding at the time of the accident on the back step of an ice wagon. As the wagon crossed one of defendant’s tracks it was struck by a train and plaintiff was injured. The circumstances of the accident are detailed in the opinion…
1Opinion of the Court
Opinion by
Mb. Justice Brown,
Five of the six assignments of error in this case relate to the admission of testimony. The first complaint of the appellant is that the court ought not to have permitted the plaintiff to testify that when he was injured he was on his way to Eighth street and Montgomery avenue, “ to get a job tending bar, with the intention of buying the place.” This was in reply to the question, “ What were you going there for? ” The purpose of this question was not asked, and the answer was admitted under a general objection. From all that appears from the record, no error was…
2Cases cited1 opinion
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- Rosenfield v. Lehigh Valley R.R. Co.Superior Court of Pennsylvania · 1933
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