Legal Opinion

Pitcher v. People's Street Railway Co.

Supreme Court of Pennsylvania

Decided May 8, 1893No. Appeal, No. 74PublishedCited by 10 opinions

Appeal, No. 74, Jan. T., 1893, by plaintiff, C. R. Pitcher, from judgment of C. P. Lackawanna Co., Nov. T., 1888, No. 234, refusing to take off compulsory nonsuit. Trespass for personal injuries to plaintiff’s minor son caused by#' negligent operation of street car.

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Appeal, No. 74, Jan. T., 1893, by plaintiff, C. R. Pitcher, from judgment of C. P. Lackawanna Co., Nov. T., 1888, No. 234, refusing to take off compulsory nonsuit. Trespass for personal injuries to plaintiff’s minor son caused by#' negligent operation of street car. At the trial before Seely, P. J., of the 22d judicial district, specially presiding, it appeared that on Nov. 23,1887, plaintiff’s son, who was between seven and eight years of age at the time, was injured while attempting to get upon the front platform of one of defendant’s cars on Lackawanna avenue in the city of Scranton. When…

1Opinion of the Court

Opinión by

Mr. Justice Green,

The plaintiff’s son was injured in attempting to get upon one of defendant’s cars. The car had stopped to let off a lady passenger. When she had left the car the horses started to move the car on its course, and at that instant, according to the boy’s testimony, he was endeavoring to get on at the front platform, and had hold of the railing with one hand and was about to set his foot on the step of the car to get aboard. The starting of the car, as the boy alleges, caused him to lose his hold, and he fell to the ground, and in some unexplained way one of his legs…

2Cases cited1 opinion

  1. Stager v. Ridge Ave. Pass. Ry. Co.Supreme Court of Pennsylvania · 1888

3Cited by10 opinions

  1. Perkins v. PerkinsSupreme Court of Iowa · 1902
  2. Tompkins v. Portland Ry., L. & P. Co.Oregon Supreme Court · 1915
  3. Dean v. Third Ave. RailroadAppellate Division of the Supreme Court of the State of New York · 1898
  4. Donnelly v. Buffalo & Lake Erie Traction Co.Superior Court of Pennsylvania · 1909
  5. Estate of WhitworthCalifornia Court of Appeal · 1930

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