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· 3/29/1909

Castor v. Schaefer

Citations

  • 224 Pa. 208
  • 73 A. 329
  • 1909 Pa. LEXIS 758

Syllabus

<p>Negligence — Injuries by a carriage and team — Speed—Crossing at public street — Nonsuit.</p> <p>In. an action by a girl to recover damages for personal injuries sustained by being run down at a public street crossing by a team and carriage, it is error to enter a compulsory nonsuit where the evidence offered by the plaintiff, although somewhat conflicting and not easy to reconcile, tends to show that the defendant at the time of the accident was driving at a high rate of speed, that the speed was within his control, and where, taking everything into consideration, including the obstructions to view, a reasonable inference can be derived that the defendant fell short of his full duty to the plaintiff.</p>

Judges: Brown, Elkin, Fell, Mestrezat, Mitchell, Potter, Stewart

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