Mulligan v. Lehigh Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 107, Jan. T., 1913, by plaintiff, from judgment of C. P. Luzerne Co., Oct. T., 1909, No. 358, on verdict for defendant in case of Isabella Mulligan v. Lehigh Traction Company. Trespass to recover damages for personal injuries. Before Fuller, P. J. The opinion of the Supreme Court states the facts. The court directed a verdict for defendant, upon which judgment was entered. Plaintiff appealed. Error assigned was in directing a verdict for defendant.
1Opinion of the Court
Per Curiam,
On May 8, 1909, employees of the defendant company placed some iron rails on a vacant lot in the City of Hazleton. They extended out onto Eleventh street. On the evening of the same day that they were placed on the lot the appellant fell over them and was injured. In her statement of claim she averred that she fell over them while walking on Eleventh street, and the burden was upon her to establish this material averment, for if she fell over the rails while walking on the lot, there was no liability on the part of the defendant company for the injury she sustained. This is not…
2Cited by19 opinions
- Gausman v. R. T. Pearson Co.Supreme Court of Pennsylvania · 1925
- Mudano v. Phila. Rapid Transit Co.Supreme Court of Pennsylvania · 1927
- Goater v. KlotzSupreme Court of Pennsylvania · 1924
- Parker v. Matheson Motor Car Co.Supreme Court of Pennsylvania · 1913
- Hunter v. PopeSupreme Court of Pennsylvania · 1927
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