Graeff v. Philadelphia & Reading R. R.
Supreme Court of Pennsylvania
Appeal, No. 287, Jan. T., 1894, by defendant, from judgment of C. P. No. 2, Phila. Co., June T., 1889, No. 187, on verdict for plaintiff, Norah S. Graeff. Trespass for personal injury. Before Pennypacker, J. At the trial it appeared that on Feb. 7, 1889, plaintiff, who had been a passenger on one of defendant’s' trains, arrived at the Green Street station, and while coming out from the station was injured by a door swung violently in her face.
Read the full summary
Appeal, No. 287, Jan. T., 1894, by defendant, from judgment of C. P. No. 2, Phila. Co., June T., 1889, No. 187, on verdict for plaintiff, Norah S. Graeff. Trespass for personal injury. Before Pennypacker, J. At the trial it appeared that on Feb. 7, 1889, plaintiff, who had been a passenger on one of defendant’s' trains, arrived at the Green Street station, and while coming out from the station was injured by a door swung violently in her face. It appeared that in front of the door leading out into Green street a storm vestibule or box had been erected, with swinging doors on each side of it.…
1Opinion of the Court
Opinion by
Mr. Justice Green,
The act which caused the plaintiff’s injury was not the act of the defendant nor of any of its agents or employees. It was exclusively the act of a total stranger, over whom, or whose actions, the defendant had not the slightest control. Moreover his action was not the usual customary conduct of an intending passenger about to pass through the door in question, but it was rude, impatient and unusual. The plaintiff, herself, thus describes the manner of her injury. Having said she was just about going out of the door and had her hand up at the door, and her left…
2Cases cited4 opinions
- Kies v. City of ErieSupreme Court of Pennsylvania · 1890
- Ellinger v. Phila., Wilmington & Baltimore R. R.Supreme Court of Pennsylvania · 1893
- Hayman v. Pennsylvania R.Supreme Court of Pennsylvania · 1888
- Eisenbrey v. Penna. Co.Supreme Court of Pennsylvania · 1891
3Cited by15 opinions
- Christensen v. Oregon Short Line RailroadUtah Supreme Court · 1909
- Wood v. Phila. Rapid Transit Co.Supreme Court of Pennsylvania · 1918
- Schwerin v. H. C. Capwell Co.California Court of Appeal · 1934
- Weeks v. Denver Tramway Corp.Court of Appeals for the Tenth Circuit · 1939
- Kennedy v. Pennsylvania RailroadSuperior Court of Pennsylvania · 1907
10 more not listed; retrieve them via the Exa API.