Connor v. Electric Traction Co.

Citations

• 173 Pa. 602
• 34 A. 238
• 1896 Pa. LEXIS 749

Syllabus

<p>Negligence — Street railways — Ordinance.</p> <p>Failure to comply with the provisions of an ordinance giving street cars running north and south a right of way over street cars running east and west is merely evidence of negligence, and not negligence per se.</p> <p>Negligence — Charge of court — Goncurrent negligence.</p> <p>A charge of the court is not open to the objection that it fails to explain to the jury the rules respecting concurrent negligence, where the judge says: “Before anybody can recover in cases of this character, you must be satisfied from the evidence that the injury was caused by the negligence of the defendant, and that the conduct of the plaintiff did not contribute to the injury. If to use the ordinary expression, both sides were at fault, you cannot give a verdict for the plaintiff. You must be satisfied, as I say, that it was the negligence of the defendant which was not contributed to by the action of the plaintiff.”</p> <p>Negligence — Measure of damages — Charge of court.</p> <p>In an action by a widow to recover damages for the death of her husband, the charge is not open to the objection that it fails to lay down any proper measure of damages, where the trial judge after referring to the fact that- at common law personal actions died with the person, and the change effected therein by statute said “the widow now has a right to bring suit for the pecuniary loss; ” and in the same connection referring to the amount said “ it ought to be a reasonable compensation; ” and then proceeded to pointedly caution the jury in regard to the danger as well as the impropriety of rendering an excessive verdict.</p> <p>Practice, G. P. — Request for instructions — Gharge of court.</p> <p>In a negligence case where the court has given instructions adequate in themselves as to concurrent negligence and the measure of damages, it is the duty of the defendant, if he desires more specific instructions, to present to the court points embodying the instruc