Legal Opinion

Barre v. Reading City Pass. Ry.

Supreme Court of Pennsylvania

Decided March 13, 1893No. Appeal, No. 323PublishedCited by 8 opinions

Appeal, No. 323, Jan. T., 1892, by defendant, from judgment of 0. P. Berks Co., June T., 1889, No. 54, on verdict for plaintiff, Elizabeth Barre, by her next friend. Trespass for personal injuries. At the trial, before Endlich, J., it appeared that plaintiff, a child between eleven and twelve years of age, was run over by a car on defendant’s railway, receiving personal injuries.

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Appeal, No. 323, Jan. T., 1892, by defendant, from judgment of 0. P. Berks Co., June T., 1889, No. 54, on verdict for plaintiff, Elizabeth Barre, by her next friend. Trespass for personal injuries. At the trial, before Endlich, J., it appeared that plaintiff, a child between eleven and twelve years of age, was run over by a car on defendant’s railway, receiving personal injuries. She and two companions, aged between eleven and twelve, testified, in substance, that they were all coming from school; that plaintiff got upon the front platform of the car while it was in motion, having hold of the…

1Opinion of the Court

Pee Curiam,

This case involved questions of, fact upon which plaintiff’s right to recover depended. Those questions were fairly submitted to the jury in a clear and comprehensive charge to which no exception appears to have been taken. By necessary implication, the verdict establishes the fact that the severe injury sustained by plaintiff, under the wheels of defendant company’s car., resulted solely from the negligence of the driver in rudety forcing her from the front platform of the car while it was in motion. The evidence tended to show that plaintiff jumped upon the lower step of the…

2Cited by8 opinions

  1. Estate of Zimmerman v. Southeastern Pennsylvania Transp. AuthorityCourt of Appeals for the Third Circuit · 1999
  2. Walsh v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1908
  3. Levin ex rel. Levin v. Second Avenue Traction Co.Supreme Court of Pennsylvania · 1899
  4. Misorski v. Pennsylvania R.R. Co.Supreme Court of Pennsylvania · 1943
  5. Levin v. Second Avenue Traction Co.Supreme Court of Pennsylvania · 1901

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