Litwinko v. Gray

PRICE, Judge:

The instant appeal is from an order of the court below granting a directed verdict and point for binding instructions on behalf of appellee, the City of Philadelphia, and denying the motion of appellant Southeastern Pennsylvania Transportation Authority (SEPTA) for a new trial. For the reasons stated herein, we reverse the order of the court below.

The facts giving rise to this appeal are as follows. On October 8, 1969, at or about 6:40 a. m., plaintiff was a passenger on a “Route 36” streetcar operated by defendant, Sommers, an employee of SEPTA. The streetcar was traveling along…