Indian v. Delaware, Lackawanna & Western Railroad
Supreme Court of Pennsylvania
Appeal, No. 37, Jan. T., 1918, by defendant, from judgment of C. P. Lackawanna Co., Oct. T., 1915, No-. 435, on verdict for plaintiffs- in case of Thomas Indian and Mary A. Indian v. The Delaware, Lackawanna and Western Railroad Company. Before Trespass to recover damages for personal injuries.
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Appeal, No. 37, Jan. T., 1918, by defendant, from judgment of C. P. Lackawanna Co., Oct. T., 1915, No-. 435, on verdict for plaintiffs- in case of Thomas Indian and Mary A. Indian v. The Delaware, Lackawanna and Western Railroad Company. Before Trespass to recover damages for personal injuries. On the trial the court affirmed plaintiffs’ first and second points for charge, which were as follows: 1. A carrier of passengers, having impliedly invited the public to enter its cars, is required to exercise a high degree of care in protecting the passengers while entering the car and going through…
1Opinion of the Court
Per Curiam,
On the trial below the defendant ashed that a verdict be directed in its favor, but on this appeal admits that the case was for the jury.
Appellant’s first contention is that there was a variance between the allegata and probata. The variance,- if any, was very slight. Mary A. Indian and her daughter both testified, without objection by the defendant, to the condition of the carpet on the floor of the car, and the mother was cross-examined as to this. No formal objection to the variance was raised at the time of the trial, and, as the case proceeded on its merits, with no motion for…
2Cases cited3 opinions
- City of Allegheny v. NelsonSupreme Court of Pennsylvania · 1855
- Carter v. Henderson & Co.Supreme Court of Pennsylvania · 1909
- Trego v. PierceSupreme Court of Pennsylvania · 1888
3Cited by10 opinions
- Brown v. GuiterSupreme Court of Iowa · 1964
- Williams v. Philadelphia Transportation Co.Superior Court of Pennsylvania · 1971
- Commonwealth v. NollySupreme Court of Pennsylvania · 1927
- Minute v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1919
- Aquetong Hall Assn. v. JamesSuperior Court of Pennsylvania · 1930
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