Thomas v. Philadelphia Rapid Transit Co.
Supreme Court of Pennsylvania
Appeal, No. 391, Jan. T., 1906, by defendant, from judgment of C. P. No. 5, Phila, Co., Sept. T., 1905, No. 3,823, on veidict for plaintiff in case of John Thomas and Mary Ann, his wife, v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries. Before Ralston, J. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 391, Jan. T., 1906, by defendant, from judgment of C. P. No. 5, Phila, Co., Sept. T., 1905, No. 3,823, on veidict for plaintiff in case of John Thomas and Mary Ann, his wife, v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries. Before Ralston, J. The facts are stated in the opinion of the Supreme Court. The verdict for John Thomas was $2,500 and for Mary Ann Thomas for $5,000, which were remitted to $1,500 and $3,500 respectively and judgments were entered thereon. Error assigned was in dismissing defendant’s motion for judgment non obstante…
1Opinion of the Court
Opinion by
Me. Justice Fell,
One of the plaintiffs, Mary Ann Thomas, was a passenger on a car of the defendant going south on Tenth street. Willow street crosses Tenth street at right angles, and it is occupied 'almost entirely by the tracks of a steam railroad. It was the custom to stop all cars on the north side of this street in order that the conductor might go forward to the crossing and look for cars on the tracks of the steam railroad, and it was also the custom for passengers to get off the cars on the north side of the street. The testimony of a witness who lived at the corner of these…
2Cited by1 opinion
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