Thomas v. Phila. & Reading R. R.
Supreme Court of Pennsylvania
Appeal, No. 157, Jan. T., 1892, by plaintiff, Selim S. Thomas, from judgment of C. P. Lebanon Co., March T., 1891, No. 78, on verdict for defendant. Trespass to recover for personal injuries sustained while a passenger on defendant’s train. The facts appear by the opinion of the Supreme Court.
Read the full summary
Appeal, No. 157, Jan. T., 1892, by plaintiff, Selim S. Thomas, from judgment of C. P. Lebanon Co., March T., 1891, No. 78, on verdict for defendant. Trespass to recover for personal injuries sustained while a passenger on defendant’s train. The facts appear by the opinion of the Supreme Court. The charge of the court below, McPherson, J., was as follows: “ Ordinarily when a passenger is injured in the conveyance of the carrier by any means connected with the appliances of transportation or the conduct of the business, a presumption of negligence on the part of the carrier arises, and the case…
1Opinion of the Court
Opinion by
Mr. Chief Justice Paxson,
On June 5, 1890, the appellant was a passenger on the cars of the defendant company. He was seated at an open window, and in the vicinity of Pottstown was struck on the arm by a missile with sufficient force to cause a fracture thereof. It was not shown what caused the injury; the appellant did not see the missile, nor was it found in the car. There was no evidence that any one was near the train bn the outside who could have inflicted the injury. This suit was brought to recover damages for the injury referred to. The theory of the appellant was that it was…
2Cases cited1 opinion
- Pennsylvania R. v. MacKinneySupreme Court of Pennsylvania · 1889
3Cited by37 opinions
- Midland Valley R. Co. v. FulghamCourt of Appeals for the Eighth Circuit · 1910
- Burns v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1912
- Qualls v. United States Elevator Corp.Supreme Court of Oklahoma · 1993
- Bragg v. Houston Electric Co.Court of Appeals of Texas · 1924
- Livingston v. Atlantic Coast Line R. Co.Court of Appeals for the Fourth Circuit · 1928
32 more not listed; retrieve them via the Exa API.