Levin v. Philadelphia & Reading Railroad
Supreme Court of Pennsylvania
Appeal, No. 84, Jan. T., 1910, by plaintiffs, from judgment of C. P. No. 2, Phila. Co., March T., 1907, No. 3,288, on verdict for defendant in case of Abraham Levin and Esther, his wife, v. Philadelphia & Reading Railroad Company. Trespass to recover damages for personal injuries. Before Sulzbeegee, P. J. At the trial it appeared that the plaintiff was injured on March 9, 1907, at Woodmont station on defendant’s railroad.
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Appeal, No. 84, Jan. T., 1910, by plaintiffs, from judgment of C. P. No. 2, Phila. Co., March T., 1907, No. 3,288, on verdict for defendant in case of Abraham Levin and Esther, his wife, v. Philadelphia & Reading Railroad Company. Trespass to recover damages for personal injuries. Before Sulzbeegee, P. J. At the trial it appeared that the plaintiff was injured on March 9, 1907, at Woodmont station on defendant’s railroad. The plaintiff testified that she was seated in the third seat from the door when the conductor “called Woodmont station and me sitting in the same place, and I was sitting…
1Opinion of the Court
Per Curiam,
Nothing happened to the car on which the plaintiffs were riding. There was no injury to it, no collision nor breakage of anything. There was, therefore, no presumption of negligence: Herstine v. Lehigh Valley Railroad Co., 151 Pa. 244; Cline v. Pittsburg Railways Co., 226 Pa. 586. Whether the negligence set out in plaintiffs’ statement as the cause of the injuries sustained by Esther *268Levin was proven, or whether the same were due to a jolt of the car incident to the stopping of the train at the station, would, under the testimony of the injured plaintiff and her husband, have been…
2Cases cited2 opinions
- Herstine v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1892
- Cline v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1910
3Cited by5 opinions
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- Gould v. Atlantic City RailroadSuperior Court of Pennsylvania · 1917
- Krause v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1925