Schimpf v. Harris
Supreme Court of Pennsylvania
Appeal, No. 151, Jan. Term, 1897, by defendants, from judgment of C. P. No. 2, Phila. County, Dec. Term, 1895, No. 577, on verdict for plaintiff. Trespass to recover damages for personal injuries.
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Appeal, No. 151, Jan. Term, 1897, by defendants, from judgment of C. P. No. 2, Phila. County, Dec. Term, 1895, No. 577, on verdict for plaintiff. Trespass to recover damages for personal injuries. Before WlLTBANK, J. Defendants’ points and the answers thereto were as follows : 1. Before the plaintiff can recover she must prove affirmatively that the person committing the negligent act was an employee of the defendants, on duty upon that train at that time, and that the act complained of was committed in the performance of such duty. Answer: I affirm that point, with this explanation, that the…
1Opinion of the Court
Opinion by
Me. Justice Pell,
The plaintiff took a train at the Philadelphia and Eeading Terminal station to go to Girard Avenue station. Because of a strike of the employees of the city passenger railway companies the travel on the defendants’ road had been greatly increased, and the conductor and brakeman in charge of the train had not been able to collect all the tickets when it reached Girard Avenue. As the train stopped at the station someone of the party with whom the plaintiff was riding called out: “ Our tickets have not been taken up.” This remark was repeated by others of the party and…
2Cited by4 opinions
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- Simmons v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1901
- Dailey v. Swift & Co.Supreme Court of Vermont · 1912
- O'Brien v. Public Service Taxi Co.District Court, M.D. Pennsylvania · 1949