Legal Opinion

Brooks v. Philadelphia & Reading Railway Co.

Supreme Court of Pennsylvania

Decided April 22, 1907No. Appeal, No. 378PublishedCited by 7 opinions

Appeal, No. 378, Jan. T., 1906, by plaintiffs, from order of O. P. No. 1, Phila. Co., March T., 1904, No. 4,136, refusing to take-off nonsuit in case of Edward Brooks, Jr., Administrator of the Estate of George W. Hamilton, and Clara Amelia Hamilton, his wife, v. Philadelphia & Reading Railway Company. Trespass to recover damages for personal injuries. Before Beitler, J. The facts are stated in the opinion of the Supreme Court. Error assigned was refusal to take off nonsuit.

1Opinion of the Court

Opinion by

Mr. Justice Mestrezat,

On January 1, 1903, Clara Amelia Hamilton, one of the plaintiffs, was a passenger on the defendant company’s train leaving the Reading terminal in the city of Philadelphia about 6 o’clock in the evening. Her destination was Lafayette station at which the train was due about 6: 30 that evening. After the train left the station, the plaintiff surrendered her ticket to the conductor. The train did not stop at Lafayette station, and as it was passing, the plaintiff stepped to the door *3of the coach in which she was riding and told the brakeman that she desired to…

2Cases cited4 opinions

  1. Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
  2. St. Louis, Arkansas & Texas Railway Co. v. FinleyTexas Supreme Court · 1890
  3. Englehaupt v. Erie RailroadSupreme Court of Pennsylvania · 1904
  4. Case v. Delaware, Lackawanna & Western RailroadSupreme Court of Pennsylvania · 1899

3Cited by7 opinions

  1. New Domain Oil & Gas Co. v. McKinneyCourt of Appeals of Kentucky · 1920
  2. Bockelcamp v. Lackawanna & Wyoming Valley RailroadSupreme Court of Pennsylvania · 1911
  3. Hager v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1918
  4. Gensemer v. Conestoga Traction Co.Supreme Court of Pennsylvania · 1912
  5. Griffin v. Baltimore & Ohio RailroadSuperior Court of Pennsylvania · 1917

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