Kantner v. Philadelphia & Reading Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 255, Jan. T., 1911, by plaintiff, from order of C. P. No. 5, Pbila. Co., March T., 1907, No. 2313, refusing to take off nonsuit in case of Nellie Kantner v. Philadelphia & Reading Railway Company. Trespass to recover damages for personal injuries. Before Ralston, J. The facts are stated in the opinion of the Supreme Court. At the trial the court entered a compulsory nonsuit which it subsequently refused to take off.
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Appeal, No. 255, Jan. T., 1911, by plaintiff, from order of C. P. No. 5, Pbila. Co., March T., 1907, No. 2313, refusing to take off nonsuit in case of Nellie Kantner v. Philadelphia & Reading Railway Company. Trespass to recover damages for personal injuries. Before Ralston, J. The facts are stated in the opinion of the Supreme Court. At the trial the court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was in refusing to take off nonsuit.
1Opinion of the Court
Per Curiam,
The plaintiff entered one of the defendant’s passenger cars at its station in Philadelphia at four o’clock in the afternoon of December 22d, and while walking forward, looking for a seat, she was tripped by the hand-bag of a passenger that stood at the side of the passageway. The car was somewhat crowded and was dimly lighted. She did not see the bag before her foot struck it but saw it as she fell. A nonsuit was entered on the ground that it was not negligence to permit hand-bags to be taken into passenger cars and there was no evidence that the trainmen knew that the bag was in…
2Cases cited1 opinion
- Burns v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1912
3Cited by10 opinions
- Wood v. Phila. Rapid Transit Co.Supreme Court of Pennsylvania · 1918
- Selman v. City of DetroitMichigan Supreme Court · 1938
- Morrison v. Pacific Northwest Public Service Co.Oregon Supreme Court · 1934
- Bassell v. HinesCourt of Appeals for the Sixth Circuit · 1920
- Heineke v. Chicago Railways Co.Illinois Supreme Court · 1917
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