Howarth v. Adams Express Co.
Supreme Court of Pennsylvania
Appeal, No. 20, Jan. T., 1921, by defendant, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1918, No. 1013, on verdict for plaintiffs, in case of Birkett Howarth et ux. v. Wm. Barrett, president of Adams Express Co., a joint stock association. Trespass for personal injuries. Before Audenried, P. J. The opinion of the Supreme Court states the facts. Verdict for Birkett Howarth for $1,000, and for Mary Ann Howarth for $5,000. Defendant appealed.
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Appeal, No. 20, Jan. T., 1921, by defendant, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1918, No. 1013, on verdict for plaintiffs, in case of Birkett Howarth et ux. v. Wm. Barrett, president of Adams Express Co., a joint stock association. Trespass for personal injuries. Before Audenried, P. J. The opinion of the Supreme Court states the facts. Verdict for Birkett Howarth for $1,000, and for Mary Ann Howarth for $5,000. Defendant appealed. Errors assigned, among others, were (1) refusal of binding instructions for defendant; (2) refusal of judgment n. o. v. and (4) admission of…
1Opinion of the Court
Opinion by
Mr. Justice Walling,
On March 11,1918, a five-ton autotruck of the Barrett Company was going westwardly along the north side of the cartway in Woodland avenue, above Fifty-first street, Philadelphia, where it was overtaken and passed by a smaller autotruck, found to be that of the defendant, Adams Express Company. The-latter was going at high speed and its right rear wheel forcibly collided with the left front wheel of the former. This caused the chauffeur of the Barrett truck to lose control thereof so it ran diagonally across the north sidewalk and against the brick building at No.…
2Cases cited11 opinions
- Ewing v. Pittsb. C. & St. L. Ry. Co.Supreme Court of Pennsylvania · 1892
- Huston v. Freemansburg BoroughSupreme Court of Pennsylvania · 1905
- Yardley v. CuthbertsonSupreme Court of Pennsylvania · 1885
- Bunting v. HogsettSupreme Court of Pennsylvania · 1891
- Wood v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1896
6 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Kazatsky v. King David Memorial Park, Inc.Supreme Court of Pennsylvania · 1987
- Commonwealth v. HellerSupreme Court of Pennsylvania · 1952
- Bosley v. AndrewsSupreme Court of Pennsylvania · 1958
- Whistler Sportswear, Inc. v. RulloSuperior Court of Pennsylvania · 1981
- Commonwealth v. BallemSupreme Court of Pennsylvania · 1956
48 more not listed; retrieve them via the Exa API.