Whitley v. Philadelphia Transportation Co.

Opinion by

Jacobs, J.,

Appellant was injured while a passenger on one of defendant’s streetcars. The case was tried before the Honorable Theodore L. Beimel, President Judge of Court of Common Pleas No. 5 of Philadelphia County, and a jury. At the conclusion of appellant’s case appellee moved for a compulsory nonsuit which was granted by the trial judge. Appellant’s motion to take off the nonsuit was refused. In the opinion of the lower court the appellant had not met her burden of showing appellee’s negligence because she had made prior inconsistent statements and the jury would have to…