Knobeloch v. Pittsburgh, Harmony, Butler & New Castle Ry. Co.

Citations

• 266 Pa. 140
• 109 A. 619
• 1920 Pa. LEXIS 522

Syllabus

<p>Appeals — Practice, Supreme Court — Assignments of error — Points — Exceptions.</p> <p>1. Assignments of error based on the refusal of the trial judge to affirm points for charge, which show no exceptions taken, are defective, and will not be considered.</p> <p>Appeals — New trial — Assignments of error — Excessive verdict— Abuse of discretion — Statement of question involved.</p> <p>2. The question of the amount of the verdict, will only be reviewed, where the amount is so grossly excessive as to shock the sense of justice, and to indicate a clear abuse of discretion, on the part of the court below.</p> <p>3. A complaint on appeal that a verdict was excessive, is not properly before the court, if it is not included in the statement of questions involved.</p> <p>Appeals — Motion for judgment n. o. v. — Exception — Act of May 11, 1911, P. L. 279.</p> <p>4. Where a judgment of the court below refusing a motion for judgment n. o. v. appears in the proceedings, an exception is not necessary to support an assignment of error, under the Act of May 11, 1911, P. L. 279.</p> <p>Negligence — Street railways — Automobiles—Grossings — Excessive speed — Anticipating—Gontributory negligence.</p> <p>5. Where an electric car approaches a highway crossing at a speed of fifty mileg an hour, and the driver of an automobile, after stopping and looking six feet from the first rail, where he has a long view of the tracks, proceeds at a speed of three miles an hour, and his machine is struck as it almost clears the second track, the questions of the defendant’s negligence and the driver’s contributory negligence are for the jury.</p> <p>6. In such a case the duty of the driver was to guard against injury from a ear approaching at an ordinary and reasonable speed. He was not, however, bound to anticipate and guard against the approach of a ear driven at an excessive speed. He had a right to assume the motorman would exercise reasonable care and hold his car under control in approaching