Coatesville v. Davis

Superior Court of Pennsylvania

Coatesville v. Davis

73 Pa. Super. 325, 1920 Pa. Super. LEXIS 12

CourtSuperior Court of Pennsylvania

DecidedFebruary 28, 1920

DocketAppeal, No. 132

StatusPublished

Cited by1 cases

This text of 73 Pa. Super. 325 (Coatesville v. Davis) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Coatesville v. Davis, 73 Pa. Super. 325, 1920 Pa. Super. LEXIS 12 (Pa. Ct. App. 1920).

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Opinion

Per Curiam,

In an action of summary conviction brought by the City of Coatesville against the defendant, the transcript from the mayor’s docket shows that the charge, was reckless operation of an automobile; and that the proof adduced by an eyewitness, was that a pedestrian was knocked down at a street crossing while the defendant was running his automobile at about 25 miles an hour, without blowing a horn or making any attempt to slacken speed, and that he did not stop after striking the pedestrian. The defendant was present and made no defense. He was found guilty and fined $25. A rule for allowance of a certiorari was granted in the court below on his petition, and after hearing was dismissed. The record shows a compliance with all the requirements of the law. The alleged irregularities in the inception of the proceeding are not material, as the defendant elected to waive the issuance or the service of a warrant by voluntarily attending the hearing before the mayor. The conviction of the defendant in this case was proper, as the undisputed proof evidenced a reckless disregard of [327]*327duty in driving his car “at a greater rate of speed than is reasonable under the circumstances,” as provided by the city ordinance. The testimony before the mayor sustained the complaint, and, under the act of assembly and the city ordinance, justified the judgment.

The judgment is affirmed.

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Per Curiam,

In an action of summary conviction brought by the City of Coatesville against the defendant, the transcript from the mayor’s docket shows that the charge, was reckless operation of an automobile; and that the proof adduced by an eyewitness, was that a pedestrian was knocked down at a street crossing while the defendant was running his automobile at about 25 miles an hour, without blowing a horn or making any attempt to slacken speed, and that he did not stop after striking the pedestrian. The defendant was present and made no defense. He was found guilty and fined $25. A rule for allowance of a certiorari was granted in the court below on his petition, and after hearing was dismissed. The record shows a compliance with all the requirements of the law. The alleged irregularities in the inception of the proceeding are not material, as the defendant elected to waive the issuance or the service of a warrant by voluntarily attending the hearing before the mayor. The conviction of the defendant in this case was proper, as the undisputed proof evidenced a reckless disregard of [327]*327duty in driving his car “at a greater rate of speed than is reasonable under the circumstances,” as provided by the city ordinance. The testimony before the mayor sustained the complaint, and, under the act of assembly and the city ordinance, justified the judgment.

The judgment is affirmed.

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Bluebook (online)

73 Pa. Super. 325, 1920 Pa. Super. LEXIS 12, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coatesville-v-davis-pasuperct-1920.

Opinion

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