McEvoy v. Quaker City Cab Co.

Citations

• 264 Pa. 418
• 107 A. 777
• 1919 Pa. LEXIS 665

Syllabus

<p>Negligence — Automobiles—Running by standing car — Speed— Evidence — Case for jury.</p> <p>1. In an action against the owner of a taxicab for personal injuries sustained by plaintiff when run down by the cab while boarding a trolley car, the case is for the jury where the plaintiff's evidence, although contradicted, tended to show that plaintiff was standing on the southeast corner of a street intersection, and walked north on to the eastbound track, when the motorman of a westbound car, which was on the north track and had stopped just east of the intersection, signalled him to go on, and he passed before the car, and was about to enter it at the front door on the north side when he was-knocked down and seriously injured by defendant’s rapidly moving westbound taxicab, which without warning passed close to the entrance of the trolley car. In such a case the evidence justified a finding of negligence, aside from any traffic regulation.</p> <p>Practice, O. P. — New trial — Abuse of discretion — Appeals.</p> <p>2. The action of the trial court in passing upon a motion for a new trial, is subject to reversal only in case of manifest abuse of discretion.</p> <p>Practice, Supreme Gourt — Objection not made below — Excessive verdict — New trial.</p> <p>3. Where complaint that the verdict is excessive was not made in the court below, it will not be considered on appeal; the power of the appellate court to grant a new trial on this ground is very exceptional.</p> <p>Practice, O. P. — Remarks of counsel — Exception—Appeals.</p> <p>4. The appellate court will not consider an assignment of error based on alleged improper remarks of counsel to the jury, where no objection or exception was taken at the time to such remarks.</p>