Jameitis v. Wilkes-Barre Ry. Co.

Opinion by

Mr. Justice Frazer,

Plaintiff’s husband’s death resulted from injuries received in a fall from the rear platform of defendant’s trolley car on which he was a passenger. Plaintiff-claimed deceased was visibly intoxicated at the time he entered the car and that defendant’s conductor failed to take such reasonable precaution for his safety as the circumstances required. The trial judge entered a non-suit which the court in banc refused to take off, assigning in support of its refusal that no evidence was adduced from which the jury could find the conductor was aware that decedent was…