Kleine v. Pittsburgh Railways Co.
Kleine v. Pittsburgh Railways Co.
Opinion of the Court
Opinion by
Plaintiff, an unmarried woman, on September 28, 1912, entered an open summer street car operated by defendant in the City of Pittsburgh. The car was of the usual type, having seats extending the entire width and running boards along each side to permit passengers to conveniently enter and leave. The car at the time was crowded and plaintiff was obliged to stand between the seats and in doing so supported herself by holding to the upright at the end of the seat in front of where she stood. On paying fare she requested the conductor to stop the car at Superior and California avenues. When that crossing was reached plaintiff testified the car in stopping gave a sudden jerk, which threw her to the street, resulting in her serious injury. A verdict was returned for plaintiff and the court having subsequently overruled a motion for judgment for defendant non obstante veredicto this appeal followed. Defendant’s first contention is the evidence was insufficient to take the case to the jury. Plaintiff testified the car gave “an awful jerk and threw her out on to the street.” On cross-examination she said the car was going “awful fast” and the jerk occurred in making the stop and was sufficiently violent to throw her beyond the running board into the street. The only other witness in plaintiff’s behalf as to the happening of the accident said she occupied a seat near where plaintiff stood, that the sudden jolt threw plaintiff from the car and also pitched the witness toward the front of the car and that the jerk was so severe a child she was holding was almost thrown out of her arms. On cross-examination she said “It was an unusually severe jerk. You know sometimes when they go to stop they will give a little quick jerk but that was a hard jerk. It was hard enough to throw anybody else out of the street car.”
The only other question raised refers to the admission of evidence of earnings of plaintiff over and above certain fixed weekly employment testified to by her. She did general housework by the day for various persons
The assignments of error are overruled and judgment affirmed.
Reference
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- Kleine v. Pittsburgh Railways Company
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- Syllabus
- Negligence — Street railways — Passenger—Jolt of car — Evidence —Damages—Unmarried woman — Earning power — Inability to perform household duties — Case for jury. 1. Where an issue involves the rate of speed of a street ear, mere statements that the car was running fast, pretty fast, awful fast, or similar language, are insufficient to establish negligence; but a jolt caused by the abrupt stopping of a car is sufficiently de-* scribed by the use of general terms followed by evidence of the general effect of the jar on the passengers. The severity of the jolt and its effect are questions for the jury. 2. A woman’s inability to perform household duties at her home, as the result of an accident, is an element of damage in an-action for personal injuries. 3. In an action by a passenger against a street railway company to recover damages for personal injuries, the case is for the jury and a verdict and judgment for the plaintiff will be sustained where it appears that the car in which she was riding was of the type having seats the entire width and running boards along the side; that at the time of the accident the car was crowded and plaintiff was standing between the seats and supporting herself by holding onto the upright at the end of the seat in front of her; that, according to plaintiff, when the crossing was reached at which she had told the conductor to stop, the car was going “awful fast,” gave “an awful jerk” in making the stop, and threw her out into the street; and where another passenger testified that the jerk was so severe that a child she was carrying was almost thrown out of her arms, and further “it was an unusually severe jerk...... it was hard enough to throw anybody else out of the street car.” 3. In such case where plaintiff, who was an unmarried woman, testified that she did housework by the day for various persons regularly for three days each week at a stated sum per day, and during the rest of the week worked a portion of the time when able to obtain employment, but a greater part of such time remained at home and assisted her mother who was physically unable to attend to all her household duties, the court did not err in refusing to charge that the amount recoverable must be limited to loss of earnings for three days of each week.