Cook v. Erie Electric Motor Co.

Citations

• 225 Pa. 91
• 73 A. 1060
• 1909 Pa. LEXIS 610

Syllabus

<p>Practice C. P. — Trial—Objectionable remark of counsel — Refusal to withdraw juror.</p> <p>1. Where on the trial of a cause plaintiff’s counsel says “this great millionaire company don’t deny that,” and defendant's counsel objects and asks that a juror be withdrawn and the plaintiff’s counsel at once withdraws the remark, and the judge instantly cautions the jury to disregard the remark entirely, the appellate court will not reverse the case because the trial judge declined to withdraw a juror.</p> <p>Negligence — Street railways — Right-angle collision between car and wagon.</p> <p>2. In an action against a street railway company to recover for personal injuries sustained in a right-angle collision between a car and wagon,-it appeared that plaintiff was driving in the nighttime along the side of defendant’s track in a street, and that he attempted to cross the tracks where they made a slight curve in the street, but not at a street intersection. He was driving so nearly parallel with the track that, when his horses got within five feet of the track in front of them, the track would not be over eighteen inches from the horses at right angles to them. At this point he looked for an approaching car. It also appeared that at this point the public generally crossed the track. The car was being run at a high rate of speed at the time. Held, that the case was for the jury and that a verdict and judgment for plaintiff should be sustained.</p>