Cohen v. Philadelphia Rapid Transit Co.
Supreme Court of Pennsylvania
Appeal, No. 121, Jan. T., 1909, by defendant, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1906, No. 3,022, on verdict for plaintiffs in case of Sarah Cohen by her husband and next friend, Abraham Cohen, and Abraham Cohen v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries. Before Magill, J. The facts are stated in the opinion of the Supreme Court.
Read the full summary
Appeal, No. 121, Jan. T., 1909, by defendant, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1906, No. 3,022, on verdict for plaintiffs in case of Sarah Cohen by her husband and next friend, Abraham Cohen, and Abraham Cohen v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries. Before Magill, J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for Sarah Cohen for $3,000, and for Abraham Cohen for $1,500. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The plaintiffs in this case claim that Sarah Cohen was injured by the negligent starting of a trolley car, while she was in the act of boarding it. As the case was tried in the court below, it turned upon the determination of a single question of fact: Who gave the signal to start the car? If it was given by the conductor, as claimed by plaintiffs, the defendant company was liable for the resulting damages. If, as appeared from the evidence of the defendant, the signal was given by a person not in its employ, and without authority, then the defendant was not…
2Cases cited2 opinions
- Blew v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1910
- Cline v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1910
3Cited by17 opinions
- Kiebler v. McCutcheonSupreme Court of Pennsylvania · 1921
- Patterson v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1936
- Kelly v. Director General of RailroadsSupreme Court of Pennsylvania · 1922
- Commonwealth v. YapleSuperior Court of Pennsylvania · 1970
- Devall v. GloverSupreme Court of Pennsylvania · 1915
12 more not listed; retrieve them via the Exa API.