Kehoe v. Allentown & Lehigh Valley Traction Co.

Citations

• 187 Pa. 474
• 43 W.N.C. 189
• 41 A. 310
• 1898 Pa. LEXIS 830

Syllabus

<p>Negligence — Street railway — Evidence.</p> <p>In an action against a street railway company a verdict and judgment for the plaintiff will be sustained where it appears that an electric car in which plaintiff was riding as a passenger, at night, suddenly stopped by reason of the trolley pole becoming displaced; that the lights immediately went out leaving the car in darkness, and that the motorman and conductor took no proper precautions to warn the car which followed, and which collided with the standing car, by which the plaintiff was injured.</p> <p>Negligence — Surgical operation — Damages'.</p> <p>In an accident case it is not error for the court to charge the jury that if they “ believe that the surgical operation necessary to relieve or cure the plaintiff was a serious or critical operation, necessarily attended with some risk or failure, then the plaintiff was not bound in law to undergo the operation.”</p> <p>Practice, G. P. — Trial—Gharge of court — Requests for instruction.</p> <p>If a trial judge fails to charge on some point which counsel regard as essential, the attention of the judge should be called to it before the jury retire, and more specific instructions requested.</p>