Legal Opinion

Berrien v. Philadelphia Rapid Transit Co.

Superior Court of Pennsylvania

Decided October 5, 1938No. Appeal, 129PublishedCited by 2 opinions

1Opinion of the Court

Opinion by

Baldrige, J.,

Agnes H. Berrien, a married woman, 54 years of age, alighted from an elevated train of the defendant at Dauphin Street, Philadelphia, a few minutes after 6:00 o’clock on the evening of March 30, 1936. She started down the right side of a stairway, 4 feet wide, under lighting conditions which she described as “dusky — it was twilight,” “shadowy.” Light was coming through the windows on the side of the stairway and through openings in the risers of the steps. When she had descended 12 steps she overtook an elderly lady slowly walking ahead of her, using the right side…

2Cases cited9 opinions

  1. McCracken v. Curwensville BoroughSupreme Court of Pennsylvania · 1932
  2. Murphy v. Bernheim & Sons, Inc.Supreme Court of Pennsylvania · 1937
  3. Cathcart v. Sears, Roebuck and Co.Superior Court of Pennsylvania · 1935
  4. Fordyce v. White Star Bus LinesSupreme Court of Pennsylvania · 1931
  5. Conboy v. Osage Tribe No. 113Supreme Court of Pennsylvania · 1926

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3Cited by2 opinions

  1. Mammana v. Easton National BankSupreme Court of Pennsylvania · 1940
  2. Gallagher v. FurmanSuperior Court of Pennsylvania · 1943

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