Kemp v. Philadelphia Transportation Co.

Opinion by

Jacobs, J.,

The sole issue involved in this appeal is whether the jury’s verdict of $15,000.00 for plaintiff, Irma Kemp, was excessive.

The present action arose after plaintiff was injured as a result of slipping and falling in one of appellant’s subway cars. Liability was contested at trial but the jury found appellant negligent and awarded damages to plaintiff in the amount of $15,000.00 even though plaintiff’s complaint in trespass only requested damages not in excess of $5,000.00.

At trial plaintiff testified in detail as to the extent of her injuries. She stated that after her…