Malone v. Pittsburgh & Lake Erie R. R.
Supreme Court of Pennsylvania
Appeal, No. 101, Oct. T., 1892, by defendant, from judgment of C. P. No. 8, Allegheny Co., Aug. T., 1891, No. 134, on verdict for plaintiff, Mrs. E. P. Malone. Trespass for personal injuries by negligence of defendant. At the trial, before McClung, J., it appeared that, on J une 17, 1890, plaintiff and Lizzie Huchel bought tickets from Pittsburgh to Aliquippa station and return.
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Appeal, No. 101, Oct. T., 1892, by defendant, from judgment of C. P. No. 8, Allegheny Co., Aug. T., 1891, No. 134, on verdict for plaintiff, Mrs. E. P. Malone. Trespass for personal injuries by negligence of defendant. At the trial, before McClung, J., it appeared that, on J une 17, 1890, plaintiff and Lizzie Huchel bought tickets from Pittsburgh to Aliquippa station and return. On the return from Aliquippa, according to plaintiff’s testimony, the conductor refused to take the tickets, saying they were not good on his train, and put plaintiff and her companion off at Shannopin. The conductor…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The first assignment, that the verdict should have been directed for the defendant, was not seriously pressed, as in fact it could not be except by totally ignoring the plaintiff’s evidence.
The main stress of the defence rests upon two propositions, that the plaintiff should not have undertaken to return to Alequippa, and that having done so, she was herself responsible for all the injury she received on the way. Neither proposition can be maintained without disregarding the evidence. Indeed the real burden of appellant’s complaint is that the jury rendered a…
2Cases cited1 opinion
- Pennsylvania Railroad v. WernerSupreme Court of Pennsylvania · 1879
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- Weiss v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1930
- Chicago & Eastern Illinois Railroad v. MitchellIndiana Court of Appeals · 1914
- Washington, Alexandria, & Mt. Vernon Railway Co. v. LukensCourt of Appeals for the D.C. Circuit · 1909
- Cannon v. Pittsburg & Birmingham Traction Co.Supreme Court of Pennsylvania · 1899
- Hoehle v. Allegheny Heating Co.Superior Court of Pennsylvania · 1897
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