Barry v. Union Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 344, Jan. T., 1899, by plaintiff, from order of C. P. No. 1, Phila. Co., March T., 1898, No. 251, refusing to take off nonsuit. Trespass for personal injuries. Before Biddle, P. J. At the trial it appeared that plaintiff was injured on November 21, 1896, while a passenger on one of defendant’s cars.
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Appeal, No. 344, Jan. T., 1899, by plaintiff, from order of C. P. No. 1, Phila. Co., March T., 1898, No. 251, refusing to take off nonsuit. Trespass for personal injuries. Before Biddle, P. J. At the trial it appeared that plaintiff was injured on November 21, 1896, while a passenger on one of defendant’s cars. The plaintiff described the accident as follows: “ A. After the car left Fifth street going down Lehigh avenue, I said, ‘ Stop at Fourth street, please,’ and he stopped and I was attempting to get off one side, and there was a lady getting off and two men on the other, and I stepped to…
1Opinion of the Court
Per Curiam,
The plaintiff did not get off the car at Fourth street, and it was not there that the accident occurred for which this action was brought. He says that he had articles in both hands, and that he stood with one foot on the lower step and one on the platform while passing from Fourth street to Third street, and that, while in this position, and crowded between two men, he fell from the car while it was passing in its mere ordinary motion. He was asked, “ Q„ The car proceeding in the usual way and jolting as it went over Third street ? A, Yes, sir. Q. It was *578the usual progress of the…
2Cited by1 opinion
- Rice v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1906