Thomas v. Altoona & Logan Valley Electric Co.
Supreme Court of Pennsylvania
Appeal No. 142, Jan. T., 1911, by defendant from judgment of C. P. Blair Co., March T., 1911, No. 188, on verdict for plaintiff in case of Harry L. Thomas and Amnie Jane Thomas, his wife, v. Altoona & Logan Valley Electric Railway Company. Trespass to recover damages for personal injuries. Before Shull, P. J., specially presiding. At the trial it appeared that the plaintiff, Annie J. Thomas, was injured on June 4, 1909, while attempting to get on one of defendant’s cars.
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Appeal No. 142, Jan. T., 1911, by defendant from judgment of C. P. Blair Co., March T., 1911, No. 188, on verdict for plaintiff in case of Harry L. Thomas and Amnie Jane Thomas, his wife, v. Altoona & Logan Valley Electric Railway Company. Trespass to recover damages for personal injuries. Before Shull, P. J., specially presiding. At the trial it appeared that the plaintiff, Annie J. Thomas, was injured on June 4, 1909, while attempting to get on one of defendant’s cars. The evidence was conflicting as to whether the car was moving when the plaintiff attempted to get on. Counsel for defendant…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The negligence charged in this case is that the car was suddenly started before the injured party, an intending passenger, had time to safely board it, which she was attempting to do when the injuries complained of were sustained. This, it is alleged, resulted in throwing the intending passenger to the street and caused the injuries for which damages are claimed. On this branch of the case the defense was that the plaintiff attempted to board a moving car, and if so, there could be no recovery. The evidence on this controlling question is, to some extent,…
2Cases cited1 opinion
- Thomas v. Altoona & Logan Valley Electric Railway Co.Supreme Court of Pennsylvania · 1899
3Cited by2 opinions
- Burns v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1913
- Kenan v. Matuszeski, Pennsylvania Court of Common Pleas, Alleghany County1934