Thirteenth & Fifteenth Street Passenger Railway v. Boudrou
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 3, of Philadelphia county: Of January Term 1879, No. 115. Case by Alexander Boudrou against the Thirteenth and Fifteenth Street Passenger Railway Company, to recover damages for injuries caused by the alleged negligence of defendant. It appeared at the trial, that plaintiff, about ten o’clock on the night of April 18th 1871, got on a car of the defendant on Fifteenth street, at a point between Walnut and Chestnut streets.
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Error to the Court of Common Pleas, No. 3, of Philadelphia county: Of January Term 1879, No. 115. Case by Alexander Boudrou against the Thirteenth and Fifteenth Street Passenger Railway Company, to recover damages for injuries caused by the alleged negligence of defendant. It appeared at the trial, that plaintiff, about ten o’clock on the night of April 18th 1871, got on a car of the defendant on Fifteenth street, at a point between Walnut and Chestnut streets. The plaintiff lived at Fifteenth street and Columbia avenue. The car was crowded, and plaintiff and several others were obliged to…
1Opinion of the CourtJustice Trunkey
The chief debatable question is presented in the sixth, seventh, eighth and tenth specifications of error. Defendant claims that the plaintiff was guilty of negligence which contributed to the accident, and that this was a question for the jury. The rule cited hy its counsel is correct, namely, that to render a railway company liable to a passenger, the company shall be guilty of some negligence or omission which, mediately or immediately, produced or enhanced the injury; and the passenger shall not have been guilty of any want of ordinary care and prudence, which directly or indirectly…
2Cases cited3 opinions
- Detroit & Milwaukee Railroad v. Van SteinburgMichigan Supreme Court · 1868
- Mayo v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1870
- Evans v. MengelSupreme Court of Pennsylvania · 1837
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