Jackson v. United Traction Co.
Superior Court of Pennsylvania
Appeal, No. 165, April T., 1901, by plaintiffs, from judgment of C. P. No. 1, Allegheny Co., Sept. T., 1900, No. 168, on verdict for defendant in case of F. T. Jackson and W. J. Fulton, trading as Jackson & Fulton, v. United Traction Company. Trespass to recover for the loss of a horse and damages to a wagon. Before Brown, J. The facts are stated in the opinion of the Superior Court. The court gave binding instructions for defendant. "Verdict and judgment for defendant.
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Appeal, No. 165, April T., 1901, by plaintiffs, from judgment of C. P. No. 1, Allegheny Co., Sept. T., 1900, No. 168, on verdict for defendant in case of F. T. Jackson and W. J. Fulton, trading as Jackson & Fulton, v. United Traction Company. Trespass to recover for the loss of a horse and damages to a wagon. Before Brown, J. The facts are stated in the opinion of the Superior Court. The court gave binding instructions for defendant. "Verdict and judgment for defendant. Plaintiff appealed. Error assigned was in giving binding instructions for defendant.
1DissentRice, P. J.
Where the evidence is such that reasonable men may fairly differ as to the deductions to be drawn therefrom, the determination of the fact of negligence should be submitted to the jury. This, I respectfully submit, was a proper case for the application of this principle.
1. The court could not declare as a matter of law that the plaintiff’s driver was a trespasser or guilty of negligence in being upon the left-hand track: Thatcher v. Central Traction Co., 166 Pa. 66; Smith v. Phila. Traction Co., 3 Pa. Superior Ct. 129.
2. Nor could the court declare as matter of law that he was not using due…
2Cases cited4 opinions
- Thatcher v. Central Traction Co.Supreme Court of Pennsylvania · 1895
- Gibbons v. Wilkes-BarreSupreme Court of Pennsylvania · 1893
- Jones Bros. v. Greensburg, Jeannette & Pittsburg Street Railway Co.Superior Court of Pennsylvania · 1898
- Smith v. Phila. Traction Co.Superior Court of Pennsylvania · 1896