Kennedy v. Philadelphia Rapid Transit Co.

Opinion by

Baldrige, J.,

This appeal in a trespass case is from the refusal of the court below to sustain a motion to strike off a non-suit.

The statement of claim sets forth that the defendant’s motorman operated one of its cars, on which plaintiff was lawfully a passenger, in such a careless and negligent manner that the car gave “a .sudden, unusual and extraordinarily violent jolt or jerk,” which caused her to be thrown against an iron railing.

The plaintiff, the only witness in the case, was about 68 years of age at the time of the accident. On November 8,1937, she boarded a standing trolley…