Simkins v. Philadelphia Rapid Transit Co.
Supreme Court of Pennsylvania
Appeal, No. 217, Jan. T., 1913, by defendant, from judgment of C. P. No. 2, Philadelphia Co., Sept. T., 1911, No. 680, on verdict for plaintiff in case of H. Josephine Simkins v. Philadelphia Rapid Transit Company. Trespass to recover damages for the death of plaintiff’s husband. Before Sulzberger, P. J. The facts, appear in the opinion of the Supreme Court. Verdict for plaintiff for $5,000.00 and judgment thereon. Defendant appealed.
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Appeal, No. 217, Jan. T., 1913, by defendant, from judgment of C. P. No. 2, Philadelphia Co., Sept. T., 1911, No. 680, on verdict for plaintiff in case of H. Josephine Simkins v. Philadelphia Rapid Transit Company. Trespass to recover damages for the death of plaintiff’s husband. Before Sulzberger, P. J. The facts, appear in the opinion of the Supreme Court. Verdict for plaintiff for $5,000.00 and judgment thereon. Defendant appealed. Errors assigned were in refusing to direct a verdict for defendant and to enter judgment for defendant for n. o. v.
1Opinion of the Court
Opinion bt
Mr. Justice Elkin,
This may very properly be considered a close case ■upon the question of the sufficiency of the evidence to sustain the negligence charged, which was careless and negligent operation of the car by the motorman. Plaintiff had the burden of establishing the negligence upon which she relied to sustain a. recovery. The presumption of negligence did not arise under the facts of this case. Hence there is presented for our determination the narrow question, Was there sufficient evidence, to submit to the jury to sustain the allegations of negligence on the part of the…
2Cases cited1 opinion
- Bumbear v. United Traction Co.Supreme Court of Pennsylvania · 1901
3Cited by1 opinion
- Pildish v. Pittsburgh Railways Co.Superior Court of Pennsylvania · 1915