West Philadelphia Passenger Railway Co. v. Gallagher
Supreme Court of Pennsylvania
Error to tbe Court of Common Pleas, No. 4, of Philadelphia county: Of July Term, 1884, No. 48. Tbis was an action on tbe case, by James S. Gallagher, a minor, by bis next friend, Rudolph Steinle, against tbe West Philadelphia Passenger Railway Company, to recover damages for personal injuries, caused by tbe alleged negligence of the company defendant. Plea, not guilty.
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Error to tbe Court of Common Pleas, No. 4, of Philadelphia county: Of July Term, 1884, No. 48. Tbis was an action on tbe case, by James S. Gallagher, a minor, by bis next friend, Rudolph Steinle, against tbe West Philadelphia Passenger Railway Company, to recover damages for personal injuries, caused by tbe alleged negligence of the company defendant. Plea, not guilty. On tbe trial, before Arnold, J., the following facts appeared: Tbe plaintiff, a boy under fourteen years, got on a car of tbe defendant company, which was very much crowded. He took a position on the lower step of the front…
1Opinion of the CourtJustice Trunkey
delivered, the opinion of the Court,. March 16th, 1885.
There is little .conflict of testimony respecting the number of passengers on the car at the time the plaintiff was hurt. The person who acted as conductor says there were between forty-five and fifty, eight or nine of whom were on the front platform. Passengers, whether called by the plaintiff or defendant, agree that the car was crowded, and that more might have got on — the conductor thinks he could have shoved on seventy and then it would have been pretty well packed. He also testifies that eight or ten boys were on the car, and that…
2Cases cited1 opinion
- Germantown Passenger Railway Co. v. WallingSupreme Court of Pennsylvania · 1881
3Cited by4 opinions
- Sandford v. Hestonville etc. R., Pennsylvania Court of Common Pleas, Philadelphia County1890
- Blakesley v. Standard Oil Co.Supreme Court of Iowa · 1921
- Davis v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1907
- Geltzer v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1913