Dougherty v. Davis
Superior Court of Pennsylvania
Appeal, No. 29, March T., 1912, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1907, No. 1,442, on verdict for plaintiff in case of John Dougherty v. John H. Davis. Trespass to recover damages for personal injuries. Before Jones, J. The opinion of the Superior Court states the case. Verdict and judgment for plaintiff for $1,100. Defendant appealed.
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Appeal, No. 29, March T., 1912, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1907, No. 1,442, on verdict for plaintiff in case of John Dougherty v. John H. Davis. Trespass to recover damages for personal injuries. Before Jones, J. The opinion of the Superior Court states the case. Verdict and judgment for plaintiff for $1,100. Defendant appealed. Errors assigned were various instructions, and in refusing to enter judgment for defendant non obstante veredicto. ■ — In an action for negligence, the statement should set forth the particular act of negligence, and the items of…
1Opinion of the Court
Opinion by
Orlady, J.,
The defendant’s description of the accident which induced the verdict against him clearly showed that he “recklessly, carelessly, and negligently operated and ran his automobile so as to strike, knock down and drag the plaintiff,” as alleged in the statement.
The parties met on the open highway in clear daylight. The defendant testified that he had such perfect control of his car that he could stop it on an inch; that by the defendant’s walk he knew him to be an old man; and when about fifteen feet distant he called out to him, “Get somewhere so I can get by”; that they…
2Cases cited10 opinions
- Stegmaier v. Keystone Coal Co.Supreme Court of Pennsylvania · 1909
- Johnson v. West Chester & Philadelphia RailroadSupreme Court of Pennsylvania · 1872
- Baker v. North East BoroughSupreme Court of Pennsylvania · 1892
- Cameron v. Citizens Traction Co.Supreme Court of Pennsylvania · 1907
- Hookey v. Borough of OakdaleSuperior Court of Pennsylvania · 1897
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3Cited by2 opinions
- Knox v. SimmermanSupreme Court of Pennsylvania · 1930
- Tuttle v. Briscoe Manufacturing Co.Michigan Supreme Court · 1916