O'Neill v. Public Service Railway Co.
O'Neill v. Public Service Railway Co.
Opinion of the Court
This was an action for personal injuries. Mrs. O’Neill was a passenger on a Central avenue trolley car, coming from East Orange to Newark. When the car reached the intersection of Central avenue and Broad street she started to leave it for the purpose of transferring to another car, which would take her to the station of the Pennsylvania Eailroad Company. According to her story as told on the witness-stand, the car (which was a summer car) having come to a stop, she arose from her seat -and stepped down on the running hoard, and, as she was in the act of alighting, the car suddenly started, by reason whereof she was thrown to the ground and received the injuries for which she sued. Her statement that the car suddenly started is without any support from other witnesses. On the other hand, the defendant called six witnesss, several of them passengers who were entirely disinterested, so far as the case shows, each of whom testified that the car was at a standstill from the time it stopped until Mrs. O’Neill had actually fallen.
The finding of the jury, as we have already indicated, was in palpable disregard oE this instruction, and the rule to show cause will be made absolute.
Reference
- Full Case Name
- CATHERINE O'NEILL, ET UX. v. PUBLIC SERVICE RAILWAY COMPANY
- Status
- Published