Legal Opinion

Kleine v. Pittsburgh Railways Co.

Supreme Court of Pennsylvania

Decided January 3, 1916No. Appeal, No. 155PublishedCited by 20 opinions

Appeal, No. 155, Oct. T., 1915, by defendant, from judgment of O. P. Allegheny Co., April T., 1913, No. 185, on verdict for plaintiff, in case of Elizabeth Kleine v. Pittsburgh Railways Company. Trespass to recover damages for personal injuries. Before Ford, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $5,160.00 and judgment thereon. Defendant appealed.

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Appeal, No. 155, Oct. T., 1915, by defendant, from judgment of O. P. Allegheny Co., April T., 1913, No. 185, on verdict for plaintiff, in case of Elizabeth Kleine v. Pittsburgh Railways Company. Trespass to recover damages for personal injuries. Before Ford, J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $5,160.00 and judgment thereon. Defendant appealed. Errors assigned, among others, were the charge of the court and in refusing defendant’s motion for judgment n. o. v.

1Opinion of the Court

Opinion by

Mr. Justice Frazer,

Plaintiff, an unmarried woman, on September 28, 1912, entered an open summer street car operated by defendant in the City of Pittsburgh. The car was of the usual type, having seats extending the entire width and running boards along each side to permit passengers to conveniently enter and leave. The car at the time was crowded and plaintiff was obliged to stand between the seats and in doing so supported herself by holding to the upright at the end of the seat in front of where she stood. On paying fare she requested the conductor to stop the car at Superior and…

2Cases cited1 opinion

  1. Yingst v. Lebanon & Annville St. Ry. Co.Supreme Court of Pennsylvania · 1895

3Cited by20 opinions

  1. Petrie v. Kaufmann & Baer Co.Supreme Court of Pennsylvania · 1927
  2. Smith Et Ux. v. Pittsburghi Rys. Co.Supreme Court of Pennsylvania · 1934
  3. Staller v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1940
  4. Link v. Highway Express Lines, Inc.Supreme Court of Pennsylvania · 1971
  5. Asbury v. PAT OF ALLEGHENY COUNTYCommonwealth Court of Pennsylvania · 2004

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