Legal Opinion

Brown v. Sunbury & Selinsgrove Electric Street Railway Co.

Superior Court of Pennsylvania

Decided July 20, 1910No. Appeal, No. 194PublishedCited by 3 opinions

Appeal, No. 194, Oct. T., 1909, by defendant, from judgment of C. P. Northumberland Co., Feb. T., 1909, No. 200, on verdict for plaintiff in case of William J. Brown and Ellen Brown, his wife, v. Sunbury & Selinsgrove Electric Street Railway Company. Trespass to recover damages for personal injuries. Before Auten, J. The facts are stated in the opinion of the Superior Court.

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Appeal, No. 194, Oct. T., 1909, by defendant, from judgment of C. P. Northumberland Co., Feb. T., 1909, No. 200, on verdict for plaintiff in case of William J. Brown and Ellen Brown, his wife, v. Sunbury & Selinsgrove Electric Street Railway Company. Trespass to recover damages for personal injuries. Before Auten, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for Ellen Brown for $375, and for William J. Brown for $50.00. Defendant appealed. Errors assigned were for refusing to withdraw a juror, for misstating the evidence of Moyer, and in not making a fair…

1Opinion of the Court

Opinion by

Head, J.,

That the plaintiff, on the- evening of her injury, was a passenger on the car of the defendant company is not denied. Nor that, at her destination point, the car stopped long enough to permit a number of other passengers to alight in safety. She alleges, however, that as she was in the act of alighting the car started with such suddenness and force as to throw her to the ground, and as a result of her fall she suffered á fracture of both of the bones of her right leg.

As to the crucial question, viz.: that her fall was caused by the movement of the car before she had safely…

2Cases cited3 opinions

  1. Holden v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1895
  2. Saxton v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1908
  3. Freeman v. Wilkes-Barre & Wyoming Valley Traction Co.Superior Court of Pennsylvania · 1908

3Cited by3 opinions

  1. Brown v. Central Pennsylvania Traction Co.Supreme Court of Pennsylvania · 1912
  2. Commonwealth v. MartinSuperior Court of Pennsylvania · 1911
  3. Diehl v. EllisSuperior Court of Pennsylvania · 1917

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