Canery v. Southeastern Pennsylvania Transportation Authority

I agree with my colleagues that the jury was entitled to find that appellee was injured while on the train platform.1 *394Since they differ so sharply on what the jury was entitled to find on the issue of the driver’s negligence, I venture here to express my own view, taking as my point of departure the principle that on an appeal from an order denying a motion for judgment n. o. v., we must regard the evidence in the light most favorable to the verdict winner. See Community College of Beaver County v. Soc’y of Faculty, 473 Pa. 576, 589, 375 A.2d 1267, 1273 (1977).

There was testimony that a…