Clare Immaculata Kenny, in 77-2489 v. Southeastern Pennsylvania Transportation Authority, in No. 77-2490, and City of Philadelphia

OPINION OF THE COURT

WEIS, Circuit Judge.

Whether a woman who is raped in the station of the Philadelphia transit system may recover damages from the carrier because of its lack of adequate protection is the issue in this diversity case. We conclude that a showing of deficient lighting on the station platform and insufficient attention to conditions by the only employee on the premises support a jury finding of carrier culpability. Accordingly, we reverse judgment n. o. v. in favor of the' transit authority and reinstate the jury verdict.

The young woman plaintiff was awaiting the arrival of a…