Legal Opinion

Panek v. Scranton Railway Co.

Supreme Court of Pennsylvania

Decided June 30, 1917No. Appeal, No. 99PublishedCited by 13 opinions

Appeal, No. 99, Jan. T., 1917, by plaintiff, from judgment of C. P. Lackawanna Co., Oct. T., 1911, No. 223, on directed verdict for defendant, in case of John Panek v. The Scranton Railway Company. Trespass to recover damages for personal injuries. Before Newcomb, J. The opinion of the Supreme Court states the facts. Verdict for defendant by direction of the court and judgment thereon. Plaintiff appealed. were instructions to the jury.

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Appeal, No. 99, Jan. T., 1917, by plaintiff, from judgment of C. P. Lackawanna Co., Oct. T., 1911, No. 223, on directed verdict for defendant, in case of John Panek v. The Scranton Railway Company. Trespass to recover damages for personal injuries. Before Newcomb, J. The opinion of the Supreme Court states the facts. Verdict for defendant by direction of the court and judgment thereon. Plaintiff appealed. were instructions to the jury. It was error to direct the jury to make a special single finding of fact without submitting' the whole case to them under a g-eneral charge: Standard Sewing…

1Opinion of the Court

Opinion by

Ms. Justice Walling,

This is an action against a street railway company for injuries to a passenger. On tbe afternoon of May 29, 1914, plaintiff became a passenger on one of defendant’s electric street cars to go from Scranton to Old Forge, in Lackawanna County. He remained on tbe rear platform; and as the car rounded a curve after passing down off tbe bridge or viaduct near Taylor be was thrown or fell to the street pavement and was injured. The evidence was conflicting as to whether the accident happened at or beyond the curve; also as to whether it was the result of a sudden lurch…

2Cases cited5 opinions

  1. Kelchner v. Nanticoke BoroughSupreme Court of Pennsylvania · 1904
  2. Standard Sewing Machine Co. v. Royal InsuranceSupreme Court of Pennsylvania · 1902
  3. O'Boyle v. KellySupreme Court of Pennsylvania · 1915
  4. Elmer v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1916
  5. Renney v. Webster, Monessen, Bellevernon & Fayette City Street Railway Co.Superior Court of Pennsylvania · 1912

3Cited by13 opinions

  1. Commonwealth v. ParkerSupreme Court of Pennsylvania · 1928
  2. Simpson v. Montgomery Ward & Co.Supreme Court of Pennsylvania · 1946
  3. Altman v. Standard Refrig. Co., Inc.Supreme Court of Pennsylvania · 1934
  4. First Nat. Bk. of Pittsburgh v. BairdSupreme Court of Pennsylvania · 1930
  5. Shipley v. PittsburghSupreme Court of Pennsylvania · 1936

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