Legal Opinion

Dixey v. Philadelphia Traction Co.

Supreme Court of Pennsylvania

Decided March 22, 1897No. Appeal, No. 579PublishedCited by 3 opinions

Appeal, No. 579, Jan. T., 1896, by plaintiff, from judgment of C. P. No. 1, Pkila. Co., March T., 1898, No. 419, refusing to take off nonsuit. Trespass for personal injuries. Before Biddle, P. J. At the trial it appeared that on November 16, 1892, plaintiff was injured while riding as a passenger in a trailer car attached to the rear of a cable car on Ninth street in the city of Philadelphia.

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Appeal, No. 579, Jan. T., 1896, by plaintiff, from judgment of C. P. No. 1, Pkila. Co., March T., 1898, No. 419, refusing to take off nonsuit. Trespass for personal injuries. Before Biddle, P. J. At the trial it appeared that on November 16, 1892, plaintiff was injured while riding as a passenger in a trailer car attached to the rear of a cable car on Ninth street in the city of Philadelphia. All of the seats of the car were occupied, and plaintiff stood in the passageway, holding to an overhead strap. In her testimony in chief she described the accident as follows: “ The cars began to run…

1Opinion of the Court

Opinion by

Mr. Justice Fell,

The assignment to be considered relates to the refusal of the court to take off a judgment of nonsuit. The plaintiff was a passenger on a street car which was attached to a cable car. When she got on the car all of the seats were taken, and she stood in the passageway holding to an overhead strap. While she was in that position a sudden movement of the car threw her forward, causing injuries to her spine. The point is whether her testimony was sufficient to raise the presumption of negligence and take the case to the jury.

She testified that the car ran roughly when…

2Cited by3 opinions

  1. Kepner v. Harrisburg Traction Co.Supreme Court of Pennsylvania · 1897
  2. Palmer v. Warren Street Railway Co.Supreme Court of Pennsylvania · 1903
  3. Delaney v. Buffalo, Rochester & Pittsburgh Railway Co.Supreme Court of Pennsylvania · 1920

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