Ellinger v. Phila., Wilmington & Baltimore R. R.
Supreme Court of Pennsylvania
Appeal, No. 414, Jan. T., 1892, by defendant, from judgment of C. P. No. 2, Phila. Co., June T., 1889, No. 794, on verdict for plaintiff, Elizabeth Ellinger. Trespass for personal injuries. The facts as they appeared at the trial, before Penny-packer, J., are stated in the opinion of the Supreme Court. Binding instruction for defendant was refused. [1] Verdict and judgment for plaintiff for |2,500. Defendant appealed. Error assigned was (1) instruction, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Williams,
The injury from which the plaintiff suffered, and for which she seeks to recover in this action, was a fracture of the fibula a short distance above the ankle joint. She was a passenger over the defendant’s railroad from Baltimore to Wilmington, and was alighting from the train at the railroad station in the latter city when the accident occurred. She explained the circumstances to the jury at the trial as follows: “ I started to come down the steps, I hesitated to come down because there was no one to help passengers off. When I got on the last step a gentleman…
2Cases cited3 opinions
- Laing v. ColderSupreme Court of Pennsylvania · 1848
- Pennsylvania R. v. PetersSupreme Court of Pennsylvania · 1887
- Pittsburg & Connellsville Railroad v. PillowSupreme Court of Pennsylvania · 1875
3Cited by14 opinions
- Cary v. Los Angeles Ry. Co.California Supreme Court · 1910
- Wood v. Phila. Rapid Transit Co.Supreme Court of Pennsylvania · 1918
- Graeff v. Philadelphia & Reading R. R.Supreme Court of Pennsylvania · 1894
- Weeks v. Denver Tramway Corp.Court of Appeals for the Tenth Circuit · 1939
- Kennedy v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1907
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