Bensing v. Peoples Electric Street Railway Co.
Superior Court of Pennsylvania
Appeal, No. 173, April T., 1898, by defendant, from judgment of C. P. Beaver Co., June T., 1896, No. 410, on verdict for plaintiff. Trespass for personal injuries. Before Wallace, P. J., of tbe 53d judicial district, specially presiding.
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Appeal, No. 173, April T., 1898, by defendant, from judgment of C. P. Beaver Co., June T., 1896, No. 410, on verdict for plaintiff. Trespass for personal injuries. Before Wallace, P. J., of tbe 53d judicial district, specially presiding. It appears from the record and evidence that the question raised in this case was that of the liability of the defendant company for an alleged injury claimed by plaintiff to have been sustained by him in alighting from a car of the defendant company in which he had been riding as a passenger. The facts in detail sufficiently appear in the opinion of the…
1Opinion of the Court
Opinion by
Smith, J.,
The plaintiff was a passenger on a street car of the defendant company. The railway track on New York street in the borough of Rochester, intersected a street leading to the station of the Pittsburg & Fort Wayne Railroad. Here the street cars were usually detained before crossing this railroad, and passengers frequently left and boarded them. The car on which the plaintiff rode was left in charge of the motorman while the conductor went forward to the railroad, some thirty feet or more, to look out for approaching trains. Finding the way clear, he signaled the motorman to…
2Cases cited3 opinions
- Pennsylvania R. v. PetersSupreme Court of Pennsylvania · 1887
- Pennsylvania Railroad v. KilgoreSupreme Court of Pennsylvania · 1858
- Linch v. Pittsburgh Traction Co.Supreme Court of Pennsylvania · 1893
3Cited by1 opinion
- Machen v. Railway Co.Superior Court of Pennsylvania · 1900