Legal Opinion

Lombard Pass. Ry. Co. v. Christian

Supreme Court of Pennsylvania

Decided February 4, 1889PublishedCited by 9 opinions

ERROR TO THE COURT OE COMMON PLEAS NO. 1 OE PHILADELPHIA COUNTY. No. 49 July Term 1888, Sup. Ct.; court below, No. 678 September Term 1887, C. P. No. 1. On October 24,1887, Anna Christian brought trespass against the Lombard & South Street Passenger Railway Company, to recover damages for personal injuries charged to the alleged negligence of the defendant company. Issue.

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ERROR TO THE COURT OE COMMON PLEAS NO. 1 OE PHILADELPHIA COUNTY. No. 49 July Term 1888, Sup. Ct.; court below, No. 678 September Term 1887, C. P. No. 1. On October 24,1887, Anna Christian brought trespass against the Lombard & South Street Passenger Railway Company, to recover damages for personal injuries charged to the alleged negligence of the defendant company. Issue. At the trial on March 8, 1888, the plaintiff testified that in October, 1887, she was a passenger in a car of the defendant company, and proceeded : “ On 7th of October, I went to the city, and on my way coming back, at…

1Opinion of the Court

Opinion,

Mr. Just toe Green:

The learned court below said in the charge to the jury, “ The driver’s evidence here is that he must have started the car before the plaintiff had time to get off, and that he was dismissed, on the ground that his negligence had produced the accident, by the president of the company.” An examination of the driver’s testimony shows that this was a mistaken representation of what he said. What the driver did testify on this subject was as follows: “ Heard bell ring, stopped the car and 1 looked in, I saw an old lady passing out of the car. I watched her until she had…

2Cases cited4 opinions

  1. Oil City Fuel Supply Co. v. BoundySupreme Court of Pennsylvania · 1888
  2. Baker v. Allegheny Valley RailroadSupreme Court of Pennsylvania · 1880
  3. American Steamship Co. v. LandrethSupreme Court of Pennsylvania · 1883
  4. Bigley v. WilliamsSupreme Court of Pennsylvania · 1876

3Cited by9 opinions

  1. Critzer Et Ux. v. DonovanSupreme Court of Pennsylvania · 1927
  2. McGrath v. Pennsylvania Sugar Co.Supreme Court of Pennsylvania · 1924
  3. Salvitti v. ThroppeSupreme Court of Pennsylvania · 1941
  4. Baum v. Metropolitan Life InsuranceSuperior Court of Pennsylvania · 1940
  5. Laginsky v. McColloughSupreme Court of Pennsylvania · 1924

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