Kelly v. Pittsburg & Birmingham Traction Co.
Supreme Court of Pennsylvania
Appeals, Nos. 125 and 126, Oct. T., 1902, by defendant, from judgment of C. P. No. 2, Allegheny County, Jan. T., 1898, No. -284, on verdict for plaintiffs in case of Charles H. Kelly, by his Mother and Next Friend, Mary Kelly, v. Pittsburg & Birmingham Traction Compan3r. Trespass to recover damages for personal injuries to a boy twelve years old. Before Shaeer, J. The facts are stated in the opinion of the Supreme Court.
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Appeals, Nos. 125 and 126, Oct. T., 1902, by defendant, from judgment of C. P. No. 2, Allegheny County, Jan. T., 1898, No. -284, on verdict for plaintiffs in case of Charles H. Kelly, by his Mother and Next Friend, Mary Kelly, v. Pittsburg & Birmingham Traction Compan3r. Trespass to recover damages for personal injuries to a boy twelve years old. Before Shaeer, J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for Mary Kelly for $2,000, and for Charles II. Kelly for $2,700. Defendant appealed. Error assigned was in refusing binding instructions for de-' fendant.
1Opinion of the Court
Opinion by
Mr. Justice Brown,
After reviewing the testimony in this case, we are not surprised that the learned judge below, in his opinion refusing a new trial, said: “The conclusion of the jury was not that which the court would have reached on the same evidence,” adding at the same time, however, that it was not so manifestly against the weight of the evidence as to require him to set the verdict aside. The principal reason advanced for the new trial below, and the one most urgently pressed upon us here for reversing the judgments, is that the verdict was against the weight of the evidence.…
2Cases cited6 opinions
- Nagle v. Allegheny Valley RailroadSupreme Court of Pennsylvania · 1879
- Crissey v. Hestonville, Mantua & Fairmount Passenger Railway Co.Supreme Court of Pennsylvania · 1874
- Fairmount & Arch Street Passenger Railway Co. v. StutlerSupreme Court of Pennsylvania · 1867
- Pennsylvania Railroad v. BantomSupreme Court of Pennsylvania · 1867
- Philadelphia City Passenger Railway Co. v. HassardSupreme Court of Pennsylvania · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Gerg v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1916
- Williams v. Philadelphia Transportation Co.Superior Court of Pennsylvania · 1971
- Commonwealth v. CauffielSuperior Court of Pennsylvania · 1922
- Di Meglio v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1916
- Lodge v. Pittsburgh & Lake Erie RailroadSupreme Court of Pennsylvania · 1914
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