Downey v. Philadelphia Traction Co. & Phila. & Reading R. R.
Downey v. Philadelphia Traction Co. & Phila. & Reading R. R.
Opinion of the Court
PHILADELPHIA & READING R. R. CO.’S APPEAL.
The testimony in this case presented questions of fact which were for the exclusive consideration of the jury. It tended to prove that both companies defendant were guilty of negligence which resulted in the injury complained of. The case was
Judgment affirmed.
PHILADELPHIA TRACTION CO.’S APPEAL.
May 21, 1894:
There was sufficient evidence of negligence to carry this ease to the jury, and justify them in finding that both companies defendant were guilty of negligence that resulted in the injuries complained of by the plaintiff. There was a verdict and judgment against both, and each took a separate appeal. For reasons briefly stated in the appeal of the Philadelphia & Reading Railroad Company, No. 229 Jan. T., 1894, we think there is nothing in the record that would warrant a reversal of the judgment. The case involved questions of fact which were exclusively for the consideration of the jury, and it was fairly submitted to them with instructions in which we find no error.
Judgment affirmed.
Reference
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- Negligence — Railroads— Streets— Railways — Joint to rt feaso rs. In an action against a railroad company and a street railway company to recover damages for personal injuries suffered by plaintiff, a passenger in a street car, it is proper to submit the case to the jury where there is evidence that the driver of the street car did not stop, look or listen before going upon the railroad company’s tracks, and that when the street car was upon the tracks the gateman of the railroad company carelessly lowered the gate and kept the car on the track without any means of escape. In such a case a judgment upon a verdict against both companies will be sustained.