Oehmler v. Pittsburg Railways Co.

Citations

• 25 Pa. Super. 617
• 1904 Pa. Super. LEXIS 125

Syllabus

<p>Negligence — Street railways — Crossing.</p> <p>In an action against a street railway company to recover damages for personal injuries, it appeared that the accident occurred at a point where street cars ran in both directions, and where there were numerous teams and vehicles. ' The evidence for the plaintiff tended to show that he stopped at the corner, looked and saw a ear, and formed the opinion that he could cross the street. When nearly across he was forced back by a team and wagon, and hit by a car which was running at such a high rate of speed that it could not be stopped until eighty-eight feet from the point of the accident. Held, that the case was for the jury and that a verdict and judgment for plaintiff should be sustained.</p> <p>Pleading — Variance between statement of claim and plaintiff’s evidence.</p> <p>The appellate court will not consider a variance between the statement of claim and the plaintiff’s evidence, where no exception to the evidence was taken at the trial, and no assignment of error specifically raises the question.</p> <p>Trial — Charge—Misstatement of evidence.</p> <p>Where the trial judge while endeavoring to present the case fairly for both sides, makes an inaccurate statement as to the testimony, it is the duty of counsel to call his attention to the mistake and give him an opportunity to rectify it.</p>