Elmer v. Pittsburgh Railways Co.
Supreme Court of Pennsylvania
Appeal, No. 64, Oct. T., 1915, by defendant, from judgment of O. P. Allegheny Co., Oct. T., 1912, No. 1126, on verdict for plaintiff, in case of Harry W. Elmer v. Pittsburgh Railways Company. Trespass to recover damages for personal injuries. Before Macfarlane, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $3,500.00 and judgment thereon. Defendant appealed.
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Appeal, No. 64, Oct. T., 1915, by defendant, from judgment of O. P. Allegheny Co., Oct. T., 1912, No. 1126, on verdict for plaintiff, in case of Harry W. Elmer v. Pittsburgh Railways Company. Trespass to recover damages for personal injuries. Before Macfarlane, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $3,500.00 and judgment thereon. Defendant appealed. Errors assigned, among others, were in refusing to direct a verdict for defendant and in refusing to enter judgment for defendant n. o. v.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This is an action to recover damages for injuries sustained by the plaintiff by being thrown from the rear platform of the defendant’s trolley car. There was a verdict and judgment in favor of the plaintiff and the defendant has appealed.
The plaintiff for some time prior to November 29,1911, had been in the employ of the defendant company as a track foreman. As part of the compensation for his services, he testified that he was to be furnished free transportation to and from his work and wherever he wished to go. On the evening of that day he boarded one of…
2Cases cited2 opinions
- McNulty v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1897
- Woodroffe v. Roxborough, Chestnut Hill & Norristown Railway Co.Supreme Court of Pennsylvania · 1902
3Cited by4 opinions
- Tullgren v. Amoskeag Manufacturing Co.Supreme Court of New Hampshire · 1926
- Strohl v. Eastern Pennsylvania Railways Co.Supreme Court of Pennsylvania · 1921
- Panek v. Scranton Railway Co.Supreme Court of Pennsylvania · 1917
- Schott v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1921