Flemming v. Southern Pennsylvania Traction Co.

Superior Court of Pennsylvania

Flemming v. Southern Pennsylvania Traction Co.

59 Pa. Super. 505, 1915 Pa. Super. LEXIS 107

CourtSuperior Court of Pennsylvania

DecidedApril 19, 1915

DocketAppeals, Nos. 251 and 252

StatusPublished

Cited by1 cases

This text of 59 Pa. Super. 505 (Flemming v. Southern Pennsylvania Traction Co.) 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

Flemming v. Southern Pennsylvania Traction Co., 59 Pa. Super. 505, 1915 Pa. Super. LEXIS 107 (Pa. Ct. App. 1915).

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Opinion

Opinion by

Orlady, J.,

Two verdicts were returned by the jury and the two appeals are presented in one argument. The plaintiff’s right to recover depended entirely on oral testimony and the controverted facts were so fairly submitted by the trial judge that no exception was taken to his charge. The appellant contends that binding instructions should have been given in its favor, and subsequently that a judgment should have been entered non obstante veredicto.

The fair preponderance of the testimony was in favor of the defendant’s claim as to the cause of the accident, and the jury might well have found that Miss Fleming was mistaken in regard to the fall of snow, and the condition of the car step when she had her accident, but her statements were positive, and under the authority of Neslie v. Second & Third St. Pass. Ry. Co., 113 Pa. 300, and Sutton v. Pennsylvania Railroad Company, 230 Pa. 523, the controverted facts were properly submitted to the jury.

The judgment in each case is affirmed.

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Opinion by

Orlady, J.,

Two verdicts were returned by the jury and the two appeals are presented in one argument. The plaintiff’s right to recover depended entirely on oral testimony and the controverted facts were so fairly submitted by the trial judge that no exception was taken to his charge. The appellant contends that binding instructions should have been given in its favor, and subsequently that a judgment should have been entered non obstante veredicto.

The fair preponderance of the testimony was in favor of the defendant’s claim as to the cause of the accident, and the jury might well have found that Miss Fleming was mistaken in regard to the fall of snow, and the condition of the car step when she had her accident, but her statements were positive, and under the authority of Neslie v. Second & Third St. Pass. Ry. Co., 113 Pa. 300, and Sutton v. Pennsylvania Railroad Company, 230 Pa. 523, the controverted facts were properly submitted to the jury.

The judgment in each case is affirmed.

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59 Pa. Super. 505, 1915 Pa. Super. LEXIS 107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flemming-v-southern-pennsylvania-traction-co-pasuperct-1915.

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