Moran v. Versailles Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 41, Oct. T., 1898, by defendant, from judgment of C. P. No. 1, Allegheny Co., Dec. T., 1896, No. 289, on verdict for plaintiff. Trespass for personal injuries. Before Collier, J. At the trial it appeared that at about five o’clock in the afternoon on September 6, 1896, Cornelius Moran, a boy about eight years old, was injured while alighting from one of defendant’s electric cars.
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Appeal, No. 41, Oct. T., 1898, by defendant, from judgment of C. P. No. 1, Allegheny Co., Dec. T., 1896, No. 289, on verdict for plaintiff. Trespass for personal injuries. Before Collier, J. At the trial it appeared that at about five o’clock in the afternoon on September 6, 1896, Cornelius Moran, a boy about eight years old, was injured while alighting from one of defendant’s electric cars. The boy was in charge of his sister, about thirteen years old, and his cousin, a girl about fourteen years old. When the car reached the Twelfth street crossing in the city of McKeesport it stopped, and…
1Opinion of the Court
Per Curiam,
There was evidence that the boy intended and attempted to get off the car at the Twelfth street crossing, but was prevented from doing so by the fact that the car did not stop long enough for him to do so. Whether there was negligence in this respect was necessarily for the jury. There was also conflicting evidence as to whether he was jolted from the car, or fell off or jumped off, and this matter also required the determination of the jury. In these circumstances the court could not withdraw the case 'from the jury.
Judgment affirmed.
2Cited by17 opinions
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