BERRY V. THE BOROUGH OF SUGAR NOTCH
191 Pa. 345, 43 A. 240 (1899)
NATURE OF THE CASE: This is an action for trespass for personal injuries.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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