Ziserman v. Philadelphia Rapid Transit Co.

Citations

• 241 Pa. 13
• 88 A. 80
• 1913 Pa. LEXIS 728

Syllabus

<p>Appeals — Practice, Supreme Court — Exceptions to charge — Assignments of error.</p> <p>1. Where no exception is taken to the charge of the court below, the Supreme Court cannot consider assignments of error complaining of alleged errors therein.</p> <p>Negligence — Operation of trolley cars- — Collision—Charge of court — Due care.</p> <p>2. In an action against a street railway company it appeared that plaintiff was injured in consequence of the collision of a trolley car of defendant company with his wagon, on a dark rainy night. The evidence showed that the street where the accident occurred was partially obstructed in consequence of work being performed on the track. Plaintiff requested the court to charge the jury that “if you believe the testimony of the plaintiff’s witnesses, as to the condition of the street, and that it was a dark, wet and misty evening, on the night of the accident, then the defendant company and its employees were charged with a greater degree of care in running the trolley car, under the circumstances, in order to avoid a collision with a passing vehicle.” Held, that the refusal of the court to affirm the point was not error.</p>