Gaughan v. Second Avenue Traction Co.

Supreme Court of Pennsylvania

Gaughan v. Second Avenue Traction Co.

42 A. 41, 189 Pa. 408, 1899 Pa. LEXIS 656

CourtSupreme Court of Pennsylvania

DecidedJanuary 3, 1899

DocketAppeal, No. 135

StatusPublished

Cited by1 cases

This text of 42 A. 41 (Gaughan v. Second Avenue Traction Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gaughan v. Second Avenue Traction Co., 42 A. 41, 189 Pa. 408, 1899 Pa. LEXIS 656 (Pa. 1899).

Pincite

Opinion

Per Curiam,

This case was properly left to the jury on the questions of negligence on the part of the defendant, and contributory ueg[410]*410ligence on the part of the plaintiff. It was for the jury to say whether he was lawfully driving on the defendant’s track, and there was abundant reason for his being on the track. There were two tracks on the public road and they occupied nearly the whole width of the road, so that it was necessary for a person riding in a wagon to be partly on one of the tracks. There was also evidence to support the charge of negligence on the part of the company in regard to the rate of speed, and not giving any warning of the approach of the car. These questions were necessarily submitted to the jury who alone could decide them. The assignments of error are not sustained.

Judgment affirmed

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Per Curiam,

This case was properly left to the jury on the questions of negligence on the part of the defendant, and contributory ueg[410]*410ligence on the part of the plaintiff. It was for the jury to say whether he was lawfully driving on the defendant’s track, and there was abundant reason for his being on the track. There were two tracks on the public road and they occupied nearly the whole width of the road, so that it was necessary for a person riding in a wagon to be partly on one of the tracks. There was also evidence to support the charge of negligence on the part of the company in regard to the rate of speed, and not giving any warning of the approach of the car. These questions were necessarily submitted to the jury who alone could decide them. The assignments of error are not sustained.

Judgment affirmed

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Bluebook (online)

42 A. 41, 189 Pa. 408, 1899 Pa. LEXIS 656, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gaughan-v-second-avenue-traction-co-pa-1899.

Opinion

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