Legal Opinion

Trevethan v. Philadelphia & Reading Railway Co.

Superior Court of Pennsylvania

Decided February 27, 1913No. Appeal, No. 92PublishedCited by 1 opinion

Appeal, No. 92, Oct. T., 1912, by defendant, from judgment of C. P. No. 1, Phila. Co., June T., 1908, No. 3,536, on verdict for plaintiff in case of John Trevethan, by his father and next friend, William Trevethan v. Philadelphia & Reading Railway Company. Trespass to recover damages for personal injuries. Before Brégy, J. The circumstances of the accident are set forth in the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,000. Defendant appealed.

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Appeal, No. 92, Oct. T., 1912, by defendant, from judgment of C. P. No. 1, Phila. Co., June T., 1908, No. 3,536, on verdict for plaintiff in case of John Trevethan, by his father and next friend, William Trevethan v. Philadelphia & Reading Railway Company. Trespass to recover damages for personal injuries. Before Brégy, J. The circumstances of the accident are set forth in the opinion of the Superior Court. Verdict and judgment for plaintiff for $1,000. Defendant appealed. Error assigned was in refusing binding instructions for defendant.

1Opinion of the Court

Opinion by

Orlaby, J.,

On June 26, 1907, a train of the defendant company reached East Falls station in the city of Philadelphia, about two minutes ahead of its schedule time, and remained at the station about a minute and a half after discharging and receiving its passengers. While it was standing still, three children were playing on the street and station platform, and the verdict implies that one of them, this plaintiff aged five years, took a seat on the last step of the front platform of the rear car — the train consisting of three passenger coaches.

The conductor was standing on the…

2Cases cited4 opinions

  1. Enright v. Pittsburg Junction RailroadSupreme Court of Pennsylvania · 1901
  2. Walsh v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1908
  3. Pollack v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1905
  4. Levin v. Second Avenue Traction Co.Supreme Court of Pennsylvania · 1901

3Cited by1 opinion

  1. Geltzer v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1913

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