Reber v. Pittsburg & Birmingham Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 47, Oct. T., 1896, by defendant, from judgment of O. P. No. 2, Allegheny Co., Oct. T., 1893, No. 702, on verdict for plaintiff. Trespass for personal injuries. Before Ewing, P. J. The facts appear by the opinion of the Supreme Court. Defendant’s points and answers thereto among others were as follows: 2. If the jury find that plaintiff’s negligence contributed in any degree, however slight, to his injury, there can be no recovery.
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Appeal, No. 47, Oct. T., 1896, by defendant, from judgment of O. P. No. 2, Allegheny Co., Oct. T., 1893, No. 702, on verdict for plaintiff. Trespass for personal injuries. Before Ewing, P. J. The facts appear by the opinion of the Supreme Court. Defendant’s points and answers thereto among others were as follows: 2. If the jury find that plaintiff’s negligence contributed in any degree, however slight, to his injury, there can be no recovery. Answer: The second point is affirmed, subject to the explanation contained in the general charge as to negligence and the proofs thereof. [1] 4. If the…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The only question to be considered is whether the case should have been withdrawn from the jury. In considering this we must assume that the plaintiff has established these facts : Late at night he got on a crowded car of the defendant company to go to his home. There was no room inside, and he stood with a number of other passengers on the rear platform.- His position on the platform was a comparatively safe one, as he stood between the controller and the brake, facing forward, with his back against the railing of the platform. After riding some distance he was…
2Cited by9 opinions
- Thane v. Scranton Traction Co.Supreme Court of Pennsylvania · 1899
- Bumbear v. United Traction Co.Supreme Court of Pennsylvania · 1901
- Gilmartin v. Lackawanna Valley Rapid Transit Co.Supreme Court of Pennsylvania · 1898
- McCaw v. Union Traction Co.Supreme Court of Pennsylvania · 1903
- Renney v. Webster, Monessen, Bellevernon & Fayette City Street Railway Co.Superior Court of Pennsylvania · 1912
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