Kauffman v. Nelson
Supreme Court of Pennsylvania
Appeal, No. 267, Jan. T., 1908, by defendant, from judgment of C. P. Franklin Co., Dec. T., 1907, No. 38, on verdict for plaintiff in case of Marie Kauffman v. Thomas M. Nelson. Trespass to recover damages for personal injuries. Before Gillan, P. J. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 267, Jan. T., 1908, by defendant, from judgment of C. P. Franklin Co., Dec. T., 1907, No. 38, on verdict for plaintiff in case of Marie Kauffman v. Thomas M. Nelson. Trespass to recover damages for personal injuries. Before Gillan, P. J. The facts are stated in the opinion of the Supreme Court. Defendant presented the following points: 3. If the jury believe from the evidence that when the plaintiff stepped from the car she failed to look whether a vehicle was approaching, and that, with the automobile coming toward her plainly in her view, if she chose to look, she took the risk…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
This action was to recover for injuries alleged to have been caused by the negligence of the defendant in driving his automobile. The plaintiff got off the rear platform of a trolley car that was standing at a regular stopping place, but not at a street crossing, in Chambersburg. The distance between the car steps and the curb was fifteen feet. What the plaintiff did after she had stepped from the car is left by the testimony in her behalf in some doubt. She testified that *177she left the car with a “swinging step” and walked directly towards the foot pavement; that…
2Cases cited2 opinions
- Robb v. Connellsville Bor.Supreme Court of Pennsylvania · 1890
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- Johnson v. JohnsonSupreme Court of Minnesota · 1917
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