Walters v. Phila. Traction Co.

Supreme Court of Pennsylvania April 2, 1894

Walters v. Phila. Traction Co., 161 Pa. 36 (Pa. 1894)

28 A. 941; 1894 Pa. LEXIS 627

Dean, Fell, Green, McCollum, Sterrett

Opinion of the Court

Per Curiam,

Plaintiff’s right to recover depended on questions of fact which were clearly for the consideration of the jury. These questions were properly submitted to them with instructions which appear to be adequate and free from any error of which defendant has any just reason to complain. The only subject of complaint is that part of the charge recited in the specifications of error. There is nothing in either of these excerpts that would justify a reversal of the judgment.

Judgment affirmed.

Reference

Cited By: 5 cases
Status: Published
Syllabus: Negligence — Street railways — Passenger—Getting on car. In an action by a passenger against a street railway company to recover damages for personal injuries suffered while getting on one of defendant’s cars, the case must be submitted to the jury where the evidence is conflicting as to whether the car was in motion when the plaintiff attempted to get on. In such a case it is not improper for the court to charge that if the car had stopped, or was in the act of stopping, or was in such a condition of running or stopping as induced the plaintiff to think it was about to stop, then he had a right to get on, and if the car started before he was safety seated in the car, and an injury resulted therefrom, then the verdict should be for plaintiff.