Mooney v. Kinder, 136

CourtUnited States State Supreme Court of Pennsylvania
Writing for the CourtMR. JUSTICE SCHAFFER:
Citation115 A. 826,271 Pa. 485
PartiesMooney v. Kinder, Appellant
Decision Date03 January 1922
Docket Number136

115 A. 826

271 Pa. 485

Mooney
v.
Kinder, Appellant

No. 136

Supreme Court of Pennsylvania

January 3, 1922


Argued: October 14, 1921

Appeal, No. 136, Oct. T., 1921, by defendant, from judgment of C.P. Allegheny Co., July T., 1919, No. 329, on verdict for plaintiff, in case of Clara H. Mooney v. Joseph Kinder. Affirmed.

Trespass for personal injuries. Before BROWN, J.

The opinion of the Supreme Court states the facts.

Verdict and judgment for plaintiff for $5,125. Defendant appealed.

Errors assigned were (2) refusal of defendant's motion for judgment n.o.v., quoting record, and (1, 3, 4) answers to points, quoting points and answers.

The assignments of error are overruled and the judgment is affirmed.

John H. Lauer, with him Morris, Walker & Boyle, for appellant.

James R. Miller, of Patterson, Crawford, Miller & Arensberg, for appellee.

Before FRAZER, WALLING, SIMPSON, SADLER and SCHAFFER, JJ.

OPINION [115 A. 827]

[271 Pa. 486] MR. JUSTICE SCHAFFER:

In this case there was no request made by counsel at the conclusion of the charge to have it and the points made part of the record, and, for that reason, the assignments specifying error in the charge and in the answers to points cannot be considered. This however makes no difference in the disposition of the case, for the reason that appellant's real ground of complaint is that the court below refused to enter judgment for the defendant on the whole record; and it sufficiently appears that he fulfilled all requirements of practice, entitling him to raise the question of the correctness of this ruling: see opinion by Mr. Justice SIMPSON in Keck v. Pittsburgh, H., B. & N.C. Ry. Co., 271 Pa. 479.

Plaintiff, accompanied by two other girls, was crossing Graeme Street at the point where it enters Fifth Avenue, in the City of Pittsburgh. Defendant was driving a truck, belonging to him, on Graeme Street toward Fifth Avenue. In crossing the street, plaintiff walked [271 Pa. 487] on the crossing provided for pedestrians. She testified she looked up Graeme Street, just before stepping into it from the sidewalk, and did not see the truck. Graeme Street is narrow, being but nineteen feet between curbs, and it dead-ends in Fifth Avenue. The junction of these two streets is a very densely congested traffic point, and a person crossing Graeme Street is within the zone of traffic moving from Fifth Avenue into Graeme Street from three directions, as to all of which observation must be maintained. When plaintiff was completing the crossing, and in the act...

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20 practice notes
  • Wolfe v. Baskin, No. 27967.
    • United States
    • United States State Supreme Court of Ohio
    • July 24, 1940
    ...Minn. 558 210 N.W. 630;Brown v. Conser Laundary Co., Mo.Sup., 246 S.W. 166;Healy v. Shedaker, 264 Pa. 512, 107 A. 842;Mooney v. Kinder, 271 Pa. 485, 115 A. 826;Heindl v. Perritt, 158 Va. 104, 163 S.E. 93;Redick v. Peterson, 99 Wash. 368, 169 P. 804;Jurisch v. Puget Transp. Co., 144 Wash. 40......
  • Pillet v. Ershick
    • United States
    • United States State Supreme Court of Florida
    • March 8, 1930
    ...where injury results to another from such act. See Robinson v. Simpson, 8 Houst. (Del.) 398, 32 A. 287. In the case of Mooney v. Kinder, 271 Pa. 485, 115 A. 826, 827, a pedestrian was injured while crossing a street by a truck driven by the owner. Mr. Justice Schaffer in speaking for the co......
  • Smith v. Wistar
    • United States
    • United States State Supreme Court of Pennsylvania
    • October 8, 1937
    ...court to declare whether plaintiff was guilty of contributory negligence. Healy v. Shedaker, 264 Pa. 512, 107 A. 842; Mooney v. Kinder, 271 Pa. 485, 115 A. 826; Gilles v. Leas, 282 Pa. 318, 127 A. 774; Villiger v. Yellow Cab Co., 309 Pa. 213, 163 A. 537. We see no reason to disturb the dete......
  • Lieberman v. Philadelphia Transp. Co.
    • United States
    • United States State Supreme Court of Pennsylvania
    • March 19, 1963
    ...them, under modern traffic conditions, the duty of care which is cast upon the driver * * * is of the highest degree'. Mooney v. Kinder, 271 Pa. 485, 488, 155 A. 826, 827. (Emphasis supplied.) The intersection involved in Mooney, supra, was unusual and the ruling in Mooney must be restricte......
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19 cases
  • Wolfe v. Baskin, No. 27967.
    • United States
    • United States State Supreme Court of Ohio
    • July 24, 1940
    ...Minn. 558 210 N.W. 630;Brown v. Conser Laundary Co., Mo.Sup., 246 S.W. 166;Healy v. Shedaker, 264 Pa. 512, 107 A. 842;Mooney v. Kinder, 271 Pa. 485, 115 A. 826;Heindl v. Perritt, 158 Va. 104, 163 S.E. 93;Redick v. Peterson, 99 Wash. 368, 169 P. 804;Jurisch v. Puget Transp. Co., 144 Wash. 40......
  • Smith v. Wistar
    • United States
    • United States State Supreme Court of Pennsylvania
    • October 8, 1937
    ...court to declare whether plaintiff was guilty of contributory negligence. Healy v. Shedaker, 264 Pa. 512, 107 A. 842; Mooney v. Kinder, 271 Pa. 485, 115 A. 826; Gilles v. Leas, 282 Pa. 318, 127 A. 774; Villiger v. Yellow Cab Co., 309 Pa. 213, 163 A. 537. We see no reason to disturb the dete......
  • Lieberman v. Philadelphia Transp. Co.
    • United States
    • United States State Supreme Court of Pennsylvania
    • March 19, 1963
    ...them, under modern traffic conditions, the duty of care which is cast upon the driver * * * is of the highest degree'. Mooney v. Kinder, 271 Pa. 485, 488, 155 A. 826, 827. (Emphasis supplied.) The intersection involved in Mooney, supra, was unusual and the ruling in Mooney must be restricte......
  • Robb v. Quaker City Cab Co.
    • United States
    • United States State Supreme Court of Pennsylvania
    • May 11, 1925
    ...v. Phila. Phonograph Co., 274 Pa. 236, 117 A. 790; Eckert v. Merchants' Shipbuilding Corp., 280 Pa. 340, 124 A. 477; Mooney v. Kinder, 271 Pa. 485, 115 A. 820; Silberstein v. Showell, F. & Co., 267 Pa. 298, 109 A. 701; Anderson v. Wood, 264 Pa. 98, 107 A. 658; McClung v. Penna. T. Cab Co., ......
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