Delaware, Lackawanna & Western Railroad v. Napheys
Supreme Court of Pennsylvania
•Error to the court of Common Pleas of Monroe county: Of July Term 1878. No. 149. Trespass on the case by George D. Napheys and wife against the Delaware, Lackawanna and Western Railroad Company, to recover damages for injuries to the wife of plaintiff, alleged to have been caused by the negligence of defendant. The facts were, in substance as follows: The plaintiff and his wife were passengers on a train of defendants.
Read the full summary
•Error to the court of Common Pleas of Monroe county: Of July Term 1878. No. 149. Trespass on the case by George D. Napheys and wife against the Delaware, Lackawanna and Western Railroad Company, to recover damages for injuries to the wife of plaintiff, alleged to have been caused by the negligence of defendant. The facts were, in substance as follows: The plaintiff and his wife were passengers on a train of defendants. The train was destined for Stroudsburg, where it arrived in safety. Mrs. Napheys was assisted by her husband to alight from the car. On stepping down from the lowest step of…
1Opinion of the Court
' Mr. Justice Sterrett
delivered the opinion of the court,
The claim of the defendants in error for damages in this case is based on an accident of rather extraordinary character. The train on which they were passengers arrived safely at its destination in daylight. The other passengers had left the car, and Mr. and Mrs. Napheys were the last to go out. He alighted first and assisted her down the steps from the front platform of the car. While her right foot rested on the lower step and just as her left touched the ground, her right pattella or knee-cap was fractured ■ and she was thus suddenly…
2Cited by9 opinions
- Graham v. Pennsylvania Co.Supreme Court of Pennsylvania · 1891
- Pennsylvania R. v. MacKinneySupreme Court of Pennsylvania · 1889
- Fearn v. West Jersey Ferry Co.Supreme Court of Pennsylvania · 1891
- Green v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1906
- Hager v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1918
4 more not listed; retrieve them via the Exa API.