Powell v. Philadelphia & Reading Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 381, Jan. T., 1907, by defendant, from judgment of O. P. Bucks Co., May T., 1906, No. 14, on verdict for plaintiff in case of Elizabeth H. Powell v. Philadelphia & Reading Railway Company. Trespass to recover damages for personal injuries.
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Appeal, No. 381, Jan. T., 1907, by defendant, from judgment of O. P. Bucks Co., May T., 1906, No. 14, on verdict for plaintiff in case of Elizabeth H. Powell v. Philadelphia & Reading Railway Company. Trespass to recover damages for personal injuries. At the trial the jury rendered a verdict for the plaintiff for $2,730.10. On a rule for a new trial and judgment non obstante veredicto the court filed an opinion in which the facts were stated to be as follows : At about 6:40 o’clock on the evening of November 29,1905, the plaintiff, Elizabeth PI. Powell, accompanied by her friend, Miss Gaunt…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
Aftercareful consideration we have concluded that the first assignment of error must be sustained. Whether the plaintiff remained in the waiting room for an unreasonable length of time so as to become a loiterer or mere licensee, was, under the circumstances of this case, a question of fact to be determined by the jury. The learned trial judge in his opinion overruling the motion for a new trial and for judgment non obstante ver*643edicto states that this was a question for the jury and that it was so submitted, but upon an examination of the charge it is clear that…
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