Linch v. Pittsburgh Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 57, Oct. T., 1892, by defendant, from judgment of C. P. No. 3, Allegheny Co., Aug. T., 1891, No. 148, on verdict for plaintiff, John Linch. Trespass for personal injuries. At the trial, before McClung, J., plaintiff testified that on the evening of May 20, 1891, he was riding on the back platform of a cable car of the defendant, and that, at the time he received the injuries complained of, the car was crowded.
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Appeal, No. 57, Oct. T., 1892, by defendant, from judgment of C. P. No. 3, Allegheny Co., Aug. T., 1891, No. 148, on verdict for plaintiff, John Linch. Trespass for personal injuries. At the trial, before McClung, J., plaintiff testified that on the evening of May 20, 1891, he was riding on the back platform of a cable car of the defendant, and that, at the time he received the injuries complained of, the car was crowded. He described the accident as follows: “ A. There is a curve before you come to Boston street, and as soon as the car turned that curve, I told the conductor to stop and…
1Opinion of the Court
Per Curiam,
Each of the defendant’s points referred to in the specifications of error involved a binding instruction in its favor. This the learned judge below could not have properly given in view of the evidence. We do not think it was a case that could have been withdrawn from the jury. A discussion of the evidence is unnecessary.
Judgment affirmed.
2Cited by4 opinions
- New Jersey Traction Co. v. GardnerSupreme Court of New Jersey · 1897
- Mahar v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Bensing v. Peoples Electric Street Railway Co.Superior Court of Pennsylvania · 1898
- Hunterson v. Union Traction Co.Supreme Court of Pennsylvania · 1903