Brashear v. Philadelphia Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 474, Jan. T., 1896, by defendant, from judgment of C. P. No. 3, Philadelphia County, June T., 1895, No. 977, on verdict for plaintiff. Trespass for death of plaintiff’s wife. B ef ore Finletter, P. J. At the trial it appeared according to plaintiff’s testimony that on January 2, 1895, plaintiff’s wife was injured by the sudden starting of a car as she was in the act of getting on the rear platform. On January 28,1895, she died from tetanus or lockjaw.
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Appeal, No. 474, Jan. T., 1896, by defendant, from judgment of C. P. No. 3, Philadelphia County, June T., 1895, No. 977, on verdict for plaintiff. Trespass for death of plaintiff’s wife. B ef ore Finletter, P. J. At the trial it appeared according to plaintiff’s testimony that on January 2, 1895, plaintiff’s wife was injured by the sudden starting of a car as she was in the act of getting on the rear platform. On January 28,1895, she died from tetanus or lockjaw. Other facts appear by the opinion of the Supreme Court and by the charge of the court below which was as follows: The plaintiff…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
Whether the injuries to the plaintiff’s wife caused by the sudden starting of the car as she was in the act of getting on the rear platform were the proximate cause of her death was clearly a question for the jury. She felt at once the physical effect of her injuries, followed the next day by symptoms of premature childbirth, which occurred a few days later, and was followed by tetanus, which caused her death. The medical testimony agreed that, while tetanus resulting from childbirth is comparatively rare, there is a distinct relation between it and childbirth,…
2Cited by5 opinions
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