McDade v. Philadelphia Rapid Transit Co.
Supreme Court of Pennsylvania
Appeal, No. 315 Jan. T., 1905, by plaintiff, from judgment of C. P. No.. 5, Phila. Co., June T., 1904, No. 1,725, on verdict for defendant in case of Thomas J. McDade v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries. Before Davis, J. The court charged in part as follows: In order to find for the plaintiff, you must first find that the defendant was negligent.
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Appeal, No. 315 Jan. T., 1905, by plaintiff, from judgment of C. P. No.. 5, Phila. Co., June T., 1904, No. 1,725, on verdict for defendant in case of Thomas J. McDade v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries. Before Davis, J. The court charged in part as follows: In order to find for the plaintiff, you must first find that the defendant was negligent. There was a collision; there is no doubt that there was injury to persons inside the car, and there is no doubt that the plaintiff was injured in consequence of that collision, to what extent it is…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The plaintiff while riding as a passenger on the front platform of an electric street car was apprehensive that there would be a collision with another car and attempted to go inside the car. He was pushed by others who were making the same attempt and was thrown down in the doorway and injured. The jury were instructed that if the plaintiff rode on the platform because there was no other place where he could stand, he could recover; but that, if they found from all the testimony that there was room inside the car where the plaintiff could comfortably have stood, he…
2Cases cited3 opinions
- Thane v. Scranton Traction Co.Supreme Court of Pennsylvania · 1899
- Gaffney v. Union Traction Co.Supreme Court of Pennsylvania · 1905
- Kirchner v. Oil City Street Railway Co.Supreme Court of Pennsylvania · 1904
3Cited by3 opinions
- Hull v. BowersSupreme Court of Pennsylvania · 1922
- Miller v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1908
- Ramsay v. Pottstown & Reading Street Railway Co.Superior Court of Pennsylvania · 1908