Legal Opinion

Brehony v. Pottsville Union Traction Co.

Supreme Court of Pennsylvania

Decided May 6, 1907No. Appeal, No. 344PublishedCited by 6 opinions

Appeal, No. 344, Jan. T., 1906, by defendant, from judgment of C. P. Schuylkill Co., Jan. T., 1904, No. 74, on verdict for plaintiffs in case of William Brehony and Delia Brehony, his wife, v. Pottsville Union Traction Company. Trespass to recover damages for personal injuries. Before Bechtel, P. J. The opinion of the Supreme Court states the case. Yerdict for Delia Brehony for $1,800 and for William Brehony for $400. Defendant appealed.

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Appeal, No. 344, Jan. T., 1906, by defendant, from judgment of C. P. Schuylkill Co., Jan. T., 1904, No. 74, on verdict for plaintiffs in case of William Brehony and Delia Brehony, his wife, v. Pottsville Union Traction Company. Trespass to recover damages for personal injuries. Before Bechtel, P. J. The opinion of the Supreme Court states the case. Yerdict for Delia Brehony for $1,800 and for William Brehony for $400. Defendant appealed. Error assigned among others was in submitting the case to the jury.

1Opinion of the Court

Opinion by

Mr. Justice Stewart,

A passenger, more or less under the influence of drink, who had refused to pay his fare when demanded, and thereupon became disorderly in resisting the conductor who was attempting to eject him, gave a violent kick directed at the conductor but which struck the plaintiff, Mrs. Brehony, a married woman occupying a seat opposite in the car, and seriously injured her. The action was brought by the injured woman and her husband, William Brehony, against the traction company to recover damages for the injuries sustained, on the ground that the company unlawfully and…

2Cited by6 opinions

  1. Lige v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1918
  2. Progressive Life Insurance v. SmithCourt of Appeals of Georgia · 1944
  3. Hillebrecht v. Pittsburg Railways Co.Superior Court of Pennsylvania · 1913
  4. Louisville Taxicab & Transfer Co. v. JacksonCourt of Appeals of Kentucky · 1952
  5. Kerns v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1951

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