Ginsberg v. Philadelphia Rapid Transit Co.
Ginsberg v. Philadelphia Rapid Transit Co.
Opinion of the Court
Opinion by
Verdicts were rendered in favor of the plaintiffs; judgments were entered thereon, and the defendant appeals.
The testimony is very conflicting. The jury were told that the burden was on the plaintiff to convince them that the accident happened as she described it, and if she failed in this, it was the end of her case.
Fannie Ginsberg, the plaintiff, aged fifteen years, was
There is no controversy as to the legal principles involved, and the only tribunal under our administration of the law authorized to dispose of the controverted facts, is the one, to which this question was submitted under proper- instructions by the court. The only point submitted, being that of requesting binding instructions for the defendant, which was refused.
The jury in such cases see the witnesses and hear their
Upon the facts as presented by this record, we see no reason for substituting our judgment for that of the jury and of the trial judge, and fail to find any error in the record to warrant a reversal of the judgment.
The judgment is affirmed.
Reference
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- Negligence — Street railways — Passenger—Conflict of testimony —Case for jury. The appellate court will not reverse a judgment on a verdict in favor of a woman passenger against a street railway company for personal injuries, where the plaintiff’s testimony and that of her brother is in effect that plaintiff was thrown violently from her seat in a car, by a sudden jolt of the ear in leaving the rails, and was severely injured, although such testimony is directly contradicted by a number of passengers who were in the car and were eyewitnesses of the occurrence.