Druzepski v. People's Street Railway Co.
Superior Court of Pennsylvania
Appeal, No. 17, Jan. T., 1906, by defendant, from judgment of C. P. Luzerne Co., May T., 1903, No. 391, on verdict for plaintiff in case of Stanley Druzepski v. The People’s Street Railway Company of Nanticoke & Newport. Trespass to recover damages for personal injuries. Before Lynch, P. J. At the trial it appeared that plaintiff was injured late in the evening of March 25, 1903, while riding as a passenger on one of defendant’s cars.
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Appeal, No. 17, Jan. T., 1906, by defendant, from judgment of C. P. Luzerne Co., May T., 1903, No. 391, on verdict for plaintiff in case of Stanley Druzepski v. The People’s Street Railway Company of Nanticoke & Newport. Trespass to recover damages for personal injuries. Before Lynch, P. J. At the trial it appeared that plaintiff was injured late in the evening of March 25, 1903, while riding as a passenger on one of defendant’s cars. Plaintiff’s testimony tended to show that he took his seat inside the car, but was subsequently directed and forcibly urged by tbe conductor to go out on tbe…
1Opinion of the Court
Opinion by
Orlady, J.,
The plaintiff’s right to recover in this case depended wholly upon the finding by the jury of disputed facts. If, as he contended, and, as has been determined by the verdict to be the true version of the accident, he took his place in the body of the car as a passenger, and while therein seated, he was directed and forcibly urged by the conductor to go out on the rear platform, he could not be guilty of contributory negligence in taking that position, even though there were unoccupied seats inside the car. True, his proper place was within the car if there was room there…
2Cases cited4 opinions
- Thane v. Scranton Traction Co.Supreme Court of Pennsylvania · 1899
- Bumbear v. United Traction Co.Supreme Court of Pennsylvania · 1901
- Bainbridge v. Union Traction Co.Supreme Court of Pennsylvania · 1903
- Gaffney v. Union Traction Co.Supreme Court of Pennsylvania · 1905