Malpass v. Hestonville, Mantua & Fairmount Passenger Railroad
Supreme Court of Pennsylvania
Appeal, No. 313, Jan. T., 1898, by plaintiff, from order of C. P. No. 1, Phila. Co., Sept. T., 1897, No. 143, refusing to take off nonsuit. Trespass for personal injuries. Before Biddle, P. J. At tbe trial if appeared that plaintiff was injured on July 23, 1897, on Arch street above Front street in the city of Philadelphia, by being crushed between cars operated by the defendants. The eastern terminus on Arch street for both companies was at the place of the accident.
Read the full summary
Appeal, No. 313, Jan. T., 1898, by plaintiff, from order of C. P. No. 1, Phila. Co., Sept. T., 1897, No. 143, refusing to take off nonsuit. Trespass for personal injuries. Before Biddle, P. J. At tbe trial if appeared that plaintiff was injured on July 23, 1897, on Arch street above Front street in the city of Philadelphia, by being crushed between cars operated by the defendants. The eastern terminus on Arch street for both companies was at the place of the accident. Plaintiff desired to get on a summer car of the Union Traction Company. In trying to do so he went upon the track next to the…
1Opinion of the Court
Per Curiam,
We find nothing in this record that would justify us in holding that the court below erred in refusing to take off the judgment of nonsuit. There is no evidence of negligence on the part of either of the defendant companies that required submission of the case to the jury. The plaintiff undertook to do what neither of them could reasonably be expected to anticipate, and they were not negligent in failing to provide against such an imprudent act.
Judgment affirmed.
2Cited by2 opinions
- Harding v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1907
- Ramsay v. Pottstown & Reading Street Railway Co.Superior Court of Pennsylvania · 1908