Lott v. Frankford & Southwark Pass. R. R.
Supreme Court of Pennsylvania
Appeal, No. 422, Jan. T., 1893, by defendant, from judgment of C. P. No. 1, Phila., Dec. T., 1889, No. 254, on verdict for plaintiff, Jamison Lott, Jr. Trespass for injuries to horses and wagon. At the trial, before Biddle, J., it appeared that early in the morning of April 18, 1889, plaintiff’s employees were driving a team of horses and a wagon on Kensington avenue on their way to Philadelphia.
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Appeal, No. 422, Jan. T., 1893, by defendant, from judgment of C. P. No. 1, Phila., Dec. T., 1889, No. 254, on verdict for plaintiff, Jamison Lott, Jr. Trespass for injuries to horses and wagon. At the trial, before Biddle, J., it appeared that early in the morning of April 18, 1889, plaintiff’s employees were driving a team of horses and a wagon on Kensington avenue on their way to Philadelphia. Defendant company operated, on Kensington avenue, a double track street railway by means of ears and small locomotives, popularly known as “ dummy ” engines. Evidence on behalf of plaintiff tended to…
1Opinion of the Court
Per Curiam,
In view of the testimony, it was clearly the duty of the learned trial judge to submit this case to the jury; and he did so in a clear, concise and impartial charge, of which the defendant company has no just reason to complain. To have instructed the jury, as requested in either of defendant’s points, recited in the first four specifications, would have been plain error. Instead of showing “ that there was no unnecessary or *474wanton sounding of the whistle,” etc., the testimony tended to prove quite the contrary. The defendant company’s right to use Kensington avenue was not…
2Cases cited1 opinion
- Gilmore v. Federal Street & Pleasant Valley Passenger Railway Co.Supreme Court of Pennsylvania · 1893
3Cited by3 opinions
- Davidson v. Schuylkill Traction Co.Superior Court of Pennsylvania · 1897
- Smith v. Phila. Traction Co.Superior Court of Pennsylvania · 1896
- Lightcap v. Philadelphia Traction Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1894