Quinn v. Philadelphia Rapid Transit Co.
Supreme Court of Pennsylvania
Appeal, No. 273, Jan. T., 1908, by defendant, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1906, No. 515, on verdict for plaintiff in case of Joseph Quinn v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries received while attempting to board a summer car. Before Magill, J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $4,500. Defendant appealed.
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Appeal, No. 273, Jan. T., 1908, by defendant, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1906, No. 515, on verdict for plaintiff in case of Joseph Quinn v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries received while attempting to board a summer car. Before Magill, J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $4,500. Defendant appealed. Errors assigned were (1) in refusing binding instructions for defendant and (2) in declining motion of defendant’s counsel to withdraw a juror, the…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
It is admitted in this case that the plaintiff attempted to board a moving car, which at the time was going faster than a man could walk. It is urged, however, upon the part of the plaintiff that even if his carelessness in this respect be conceded, yet at the instant when he was thrown from the car, he had passed the initial point of danger, and had attained what his counsel contend was a place of safety. The trial judge instructed the jury that if they found that the plaintiff while attempting to board a moving car, was thrown from it, in the very act of getting…
2Cases cited1 opinion
- Reese v. HersheySupreme Court of Pennsylvania · 1894
3Cited by20 opinions
- Botta v. BrunnerSupreme Court of New Jersey · 1958
- Vaughan v. MageeCourt of Appeals for the Third Circuit · 1914
- Carothers v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1911
- Bullock v. Chester & Darby Telford Road Co.Supreme Court of Pennsylvania · 1921
- Joyce v. SmithSupreme Court of Pennsylvania · 1921
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