Campbell v. Frankford Etc. Ry. Co.
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT PROM THE COURT OP COMMON PLEAS NO. 3 OP PHILADELPHIA COUNTY. No. 406 January Term 1890, Sup. Ct.; court below, No. 50 September Term 1889, C. P. No. 3. On September 18,1889, Elizabeth Campbell brought trespass against the “ Frankford & Southwark City Railway Company,” for negligence causing personal injuries to the plaintiff.
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APPEAL BY DEPENDANT PROM THE COURT OP COMMON PLEAS NO. 3 OP PHILADELPHIA COUNTY. No. 406 January Term 1890, Sup. Ct.; court below, No. 50 September Term 1889, C. P. No. 3. On September 18,1889, Elizabeth Campbell brought trespass against the “ Frankford & Southwark City Railway Company,” for negligence causing personal injuries to the plaintiff. The statement of claim filed averred a duty resting upon the defendant company so to construct and maintain its tracks, laid upon Front street, Philadelphia, and to maintain the paving of said street, as to preserve the even, proper and established…
1Opinion of the Court
OpintoN,
Me.. Justice Williams :
The charge of the learned judge of the court below correctly stated the legal principles by which the liability of the defendant company should be determined, and, if there was evidence, on which the verdict may fairly rest, the judgment ought not to be disturbed. The last point submitted by defendant’s, counsel asked the court to instruct the jury that there was not such evidence, and that their verdict ought to be for the defendant. The refusal of this point raises the only question that it is important now to consider.'
There was very little conflict in the…
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