Renney v. Webster, Monessen, Bellevernon & Fayette City Street Railway Co.
Superior Court of Pennsylvania
Appeal, No. 12, April T., 1912, by defendant, from judgment of C. P. Westmoreland Co., Feb. T., 1910, No. 402, on verdict for plaintiff in case of Arthur Renney v. Webster, Monessen, Bellevernon & Fayette City Street Railway Company. Trespass to recover damages for personal injuries. Before Doty, P. J. At the trial it appeared that the plaintiff was injured on August 15,1908, while riding as a passenger on one of defendant’s cars between Monessen and Bellevernon.
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Appeal, No. 12, April T., 1912, by defendant, from judgment of C. P. Westmoreland Co., Feb. T., 1910, No. 402, on verdict for plaintiff in case of Arthur Renney v. Webster, Monessen, Bellevernon & Fayette City Street Railway Company. Trespass to recover damages for personal injuries. Before Doty, P. J. At the trial it appeared that the plaintiff was injured on August 15,1908, while riding as a passenger on one of defendant’s cars between Monessen and Bellevernon. At the time of the accident the plaintiff was standing on the platform of the car. The evidence was conflicting as to whether there…
1Opinion of the Court
Opinion by
Oblady, J.,
When the plaintiff paid his fare and boarded the car of the defendant company, which had a seating capacity for thirty-two persons, there were eight passengers seated in the car and forty-six were then received as transfers from another car. This resulted in all the space — seats, aisles and platforms — being occupied by passengers. The plaintiff was not bound to struggle for first place, and the fact that he permitted others to precede him and occupy all the seat and aisle space, so that the ear was “jam full to the limit” does not necessarily make him guilty of…
2Cases cited13 opinions
- Thane v. Scranton Traction Co.Supreme Court of Pennsylvania · 1899
- Bumbear v. United Traction Co.Supreme Court of Pennsylvania · 1901
- Alton Light & Traction Co. v. OllerIllinois Supreme Court · 1905
- Harding v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1907
- Reber v. Pittsburg & Birmingham Traction Co.Supreme Court of Pennsylvania · 1897
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Panek v. Scranton Railway Co.Supreme Court of Pennsylvania · 1917
- Miller v. P. H. B. & N. C. Rys. Co.Superior Court of Pennsylvania · 1931
- Murphy v. Altoona & Logan Valley Electric Rwy. Co.Superior Court of Pennsylvania · 1923
- Pildish v. Pittsburgh Railways Co.Superior Court of Pennsylvania · 1915