Callahan v. Philadelphia Traction Co.
Supreme Court of Pennsylvania
Reargued Jan. 4, 1898. Appeal, No. 603, Jan. T., 1896, by defendant, from judgment of C. P. No. 2, Phila. Co., March T., 1895, No. 84, on verdict for plaintiff. Trespass for personal injuries. Before Sulzberger, J. Tbe facts appear by the opinion of the Supreme Court. Defendant’s points and tbe answers thereto were as follows: 1. It was the duty of this plaintiff before crossing the Thirteenth street tracks to look and listen for an approaching car.
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Reargued Jan. 4, 1898. Appeal, No. 603, Jan. T., 1896, by defendant, from judgment of C. P. No. 2, Phila. Co., March T., 1895, No. 84, on verdict for plaintiff. Trespass for personal injuries. Before Sulzberger, J. Tbe facts appear by the opinion of the Supreme Court. Defendant’s points and tbe answers thereto were as follows: 1. It was the duty of this plaintiff before crossing the Thirteenth street tracks to look and listen for an approaching car. If he was so situated that it was useless to look and listen, it was bis duty to stop, at a point where he could see. Tbe plaintiff’s own…
1Opinion of the Court
Opinion by
Mb. Justice Fell,
Both specifications of error relate to the refusal of the court to give binding instructions for the defendant. From the plaintiff’s testimony it appeared that he was driving east on Cherry street, and that when he reached the corner of Thirteenth street he brought his horse nearly to a stop, and looking south down Thirteenth street saw an electric car which had crossed Arch street and was about two hundred and fifty feet from him. He did not notice whether the car was in motion or was standing at the Arch street crossing. He drove forward, and when his horse…
2Cases cited2 opinions
- Myers v. B. & O. R. R.Supreme Court of Pennsylvania · 1892
- Omslaer v. Pittsburg & Birmingham Traction Co.Supreme Court of Pennsylvania · 1895
3Cited by36 opinions
- Ames v. Waterloo & Cedar Falls Rapid Transit Co.Supreme Court of Iowa · 1903
- Murphy v. Phila. Rapid Transit Co.Supreme Court of Pennsylvania · 1925
- Weschler v. Buffalo & Lake Erie Traction Co.Supreme Court of Pennsylvania · 1928
- Smith v. Electric Traction Co.Supreme Court of Pennsylvania · 1898
- Lundien v. Fort Dodge, Des Moines & Southern Railway Co.Supreme Court of Iowa · 1914
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