Legal Opinion

McCollum v. Pittsburg Railways Co.

Superior Court of Pennsylvania

Decided October 14, 1912No. 1; Appeal, No. 113PublishedCited by 13 opinions

Appeal, No. 113, April T., 1912, by defendant, from judgment of C. P. No. 3, Allegheny Co., Nov. T., 1908, No. 137, on verdict for plaintiff, in case of Jacob McCollum and Matilda McCollum, his wife, v. Pittsburg Railways Company. Trespass to recover damages for personal injuries.

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Appeal, No. 113, April T., 1912, by defendant, from judgment of C. P. No. 3, Allegheny Co., Nov. T., 1908, No. 137, on verdict for plaintiff, in case of Jacob McCollum and Matilda McCollum, his wife, v. Pittsburg Railways Company. Trespass to recover damages for personal injuries. Before Evans, J. At the trial it appeared that Matilda McCollum was injured while alighting from one of the cars of defendant about eleven o’clock on September 10, 1907. The night was dark and it was raining at the time. The evidence of the plaintiff and her witnesses tended to show that the car was not stopped at…

1Opinion of the Court

Opinion by

Henderson, J.,

The three assignments of error apply .to the appellant’s single proposition that the plaintiff’s evidence did not make out a case of negligence. The undisputed testimony is that Mrs. McCollum was injured in alighting from the car or immediately thereafter, and the jury has found that the. injury was attributable to the negligence of the conductor in stopping the car- at an unsafe, place beyond the crossing at which the plaintiff supposed she was alighting. The substance of the evidence in. support of the action is that the plaintiff in returning from the exposition to…

2Cases cited4 opinions

  1. Danko v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1911
  2. Strader v. MonroeSupreme Court of Pennsylvania · 1902
  3. Meitzner v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1909
  4. Smith v. Jackson TownshipSuperior Court of Pennsylvania · 1904

3Cited by13 opinions

  1. Carroll v. PittsburghSupreme Court of Pennsylvania · 1951
  2. O'Malley v. Laurel Line Bus Co.Supreme Court of Pennsylvania · 1933
  3. Stevens v. Reading Street Railway Co.Supreme Court of Pennsylvania · 1956
  4. Harris v. DeFeliceSupreme Court of Pennsylvania · 1954
  5. Perret Et Ux. v. GeorgeSupreme Court of Pennsylvania · 1926

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