Koch v. City of Williamsport
Supreme Court of Pennsylvania
Appeal, No. 224, Jan. T., 1899, by-defendant, from judgment of C. P. Lycoming Co., March T., 1895, No. 510, on verdict for plaintiff, in case of Phoebe Koch v. City of Williamsport. Trespass for personal injuries. Before Mayer, P. J., specially presiding. At the trial it appeared that plaintiff was injured on the night of July 4, 1895. At the time of the accident she was riding in a conveyance in the city of Williamsport.
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Appeal, No. 224, Jan. T., 1899, by-defendant, from judgment of C. P. Lycoming Co., March T., 1895, No. 510, on verdict for plaintiff, in case of Phoebe Koch v. City of Williamsport. Trespass for personal injuries. Before Mayer, P. J., specially presiding. At the trial it appeared that plaintiff was injured on the night of July 4, 1895. At the time of the accident she was riding in a conveyance in the city of Williamsport. As the carriage was going down Park avenue the driver drove into a stone pile, of which no warning was given by signal lights and just as he did so, a street car came along…
1Opinion of the Court
Pee Ctteiam,
It was established by evidence which was credible and not contradicted that the plaintiff was deserted by her husband nearly a year before the accident, and that from the time of his desertion of her she received no support from him and had not even seen him. It must therefore be conceded that under the circumstances shown she had an undoubted right to maintain her suit as she had instituted it. The desertion was a sufficient answer to the first, second and seventh specifications.
We are not convinced of error in the admission of Russell’s testimony or in the rejection of the…
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