Gray v. Ft. Pitt Traction Co.

CourtUnited States State Supreme Court of Pennsylvania
Writing for the CourtPER CURIAM
Citation198 Pa. 184,47 A. 945
Decision Date07 January 1901
PartiesGRAY v. FT. PITT TRACTION CO.
47 A. 945
198 Pa. 184

GRAY
v.
FT. PITT TRACTION CO.

Supreme Court of Pennsylvania.

Jan. 7, 1901.


Appeal from court of common pleas, Allegheny county.

Action by Andrew Gray against the Ft. Pitt Traction Company for personal injuries. There was a compulsory nonsuit, which the court refused to take off. Plaintiff appeals. Affirmed.

From the evidence it appeared that plaintiff got off a west-bound street car at a street crossing; looked to the west; then turned around to pass the rear end of the car, when he saw another west-bound car approaching on the same track; waited till it stopped; then passed behind the car he had gotten off; when two-thirds the way across the track on which it was, looked towards the car following, and hurried forward on hearing a warning note from such car, and was struck by an east-bound car on the next track.

Miller & Reamer, for appellant.

Knox & Reed, and J. H. Beal, for appellee.

PER CURIAM. The only question for our consideration on this appeal was whether the court below erred in holding that there was contributory negligence on the part of the plaintiff which prevented a recovery of damages for an injury he received while attempt-to cross in front of the defendant's car. An examination of the evidence in the case plainly shows that the plaintiff's contributory negligence fully justified the court in entering the nonsuit and refusing to take it off. If authorities are needed to support the conclusion arrived at by the court below, it is sufficient to refer to the following cases, to wit: Buzby v. Traction Co., 126 Pa. St. 559, 17 Atl. 895; Blaney v. Traction Co., 184 Pa. St. 524, 39 Atl. 294; Nugent v. Traction Co., 181 Pa. St. 160, 37 Atl. 203; and Watkins v. Traction Co., 194 Pa. St 564, 45 Atl. 321. Judgment affirmed.

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8 practice notes
  • Bremer v. St. Paul City Ry. Co.
    • United States
    • Supreme Court of Minnesota (US)
    • March 12, 1909
    ...For example, see Chicago Ry. v. Meinheit, 114 Ill. App. 497;Denver T. Co. v. Norton, 141 Fed. 599, 73 C. C. A. 1;Gray v. Traction Co., 198 Pa. 184, 47 Atl. 945 (see post); Minnich v. Wright, 214 Pa. 201, 63 Atl. 428, and subsequent discussion of rule as to ‘stop, look, and listen.’ Three co......
  • Sullivan v. Consolidated Traction Co., 131
    • United States
    • United States State Supreme Court of Pennsylvania
    • January 7, 1901
    ...to cross Penn avenue [198 Pa. 189] diagonally at the point east of Thirtieth street towards Thirty-first street, stepped upon the [47 A. 945] west-bound track and was instantly struck by a car of the defendant company from the east. The injuries received were the cause of his death within t......
  • Kauffman v. Nelson, 267
    • United States
    • United States State Supreme Court of Pennsylvania
    • June 22, 1909
    ...not one of fact for the jury, and that the court should have given binding instructions in favor of the defendant: Gray v. Traction Co., 198 Pa. 184; Tyson v. Union Traction Co., 199 Pa. 264; Flanagan v. Railway Co., 163 Pa. 102; Greer v. Tyson, 185 Pa. 356; Baker v. Fehr, 97 Pa. 70. It was......
  • Henderson v. United Traction Co., 25
    • United States
    • United States State Supreme Court of Pennsylvania
    • May 12, 1902
    ...v. Union Traction Company, 192 Pa. 344; Sullivan v. Consolidated Traction Company, 198 Pa. 187; Gray v. Fort Pitt Traction Company, 198 Pa. 184; Holmes v. Union Traction Company, 199 Pa. 229; Reber v. Pittsburg, etc., Traction Company, 179 Pa. 339. Frank A. Ammon, with him Samuel A. Ammon a......
  • Request a trial to view additional results
8 cases
  • Bremer v. St. Paul City Ry. Co.
    • United States
    • Supreme Court of Minnesota (US)
    • March 12, 1909
    ...For example, see Chicago Ry. v. Meinheit, 114 Ill. App. 497;Denver T. Co. v. Norton, 141 Fed. 599, 73 C. C. A. 1;Gray v. Traction Co., 198 Pa. 184, 47 Atl. 945 (see post); Minnich v. Wright, 214 Pa. 201, 63 Atl. 428, and subsequent discussion of rule as to ‘stop, look, and listen.’ Three co......
  • Sullivan v. Consolidated Traction Co., 131
    • United States
    • United States State Supreme Court of Pennsylvania
    • January 7, 1901
    ...to cross Penn avenue [198 Pa. 189] diagonally at the point east of Thirtieth street towards Thirty-first street, stepped upon the [47 A. 945] west-bound track and was instantly struck by a car of the defendant company from the east. The injuries received were the cause of his death within t......
  • Kauffman v. Nelson, 267
    • United States
    • United States State Supreme Court of Pennsylvania
    • June 22, 1909
    ...not one of fact for the jury, and that the court should have given binding instructions in favor of the defendant: Gray v. Traction Co., 198 Pa. 184; Tyson v. Union Traction Co., 199 Pa. 264; Flanagan v. Railway Co., 163 Pa. 102; Greer v. Tyson, 185 Pa. 356; Baker v. Fehr, 97 Pa. 70. It was......
  • Henderson v. United Traction Co., 25
    • United States
    • United States State Supreme Court of Pennsylvania
    • May 12, 1902
    ...v. Union Traction Company, 192 Pa. 344; Sullivan v. Consolidated Traction Company, 198 Pa. 187; Gray v. Fort Pitt Traction Company, 198 Pa. 184; Holmes v. Union Traction Company, 199 Pa. 229; Reber v. Pittsburg, etc., Traction Company, 179 Pa. 339. Frank A. Ammon, with him Samuel A. Ammon a......
  • Request a trial to view additional results

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