Berry v. The Borough Of Sugar Notch

191 Pa. 345, 43 A. 240 (1899)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

A local ordinance stated that trolleys could go no faster than 8 miles an hour. Berry (P) was violating the statute, going faster than 8 miles per hour when a gust of wind blew a tree on top of the trolley. P sued to recover damages for trespass for personal injuries. The trial court awarded a verdict and judgment for P. D appealed, claiming that P's speeding resulted in his being at the place of injury at the exact moment of the accident. D also claimed that P's speed contributed to the accident.