Citation Numbers: 171 A. 879, 314 Pa. 541
Judges: OPINION BY MR. JUSTICE DREW, April 9, 1934:
Filed Date: 3/28/1934
Status: Precedential
Modified Date: 1/13/2023
Argued March 28, 1934. These appeals are from judgments entered for the plaintiffs in an action brought by Ella Smith and her husband to recover damages for personal injuries alleged to have been sustained by her while a passenger on one of defendant's street cars. Defendant assigns as error the refusal of its motion for judgment n. o. v.
Mrs. Smith testified that she was riding in one of defendant's one-man trolleys; that as the car approached her stop, going down grade, she signalled the motorman, and the car slowed down; that she then went to the front of the car, took hold of a strap with her right hand, and asked the motorman for checks, holding her money in her left hand; that the car suddenly "started to shoot forward faster" and then stopped; and that she was thrown backwards to the floor, suffering the injuries for which recovery was sought. She was the only witness who testified on her side as to how the accident happened. Defendant's witnesses, five of the passengers and the motorman, stated that there was nothing unusual or violent about the operation of the car. *Page 543
The sole question presented for our consideration is this: did plaintiffs' evidence show negligent operation of the car by the motorman? We are bound to conclude that it did not. Where a passenger is alleged to have been injured while standing or walking in a trolley car, statements that the car "started violently" (Uffelman v. P. R. T. Co.,
In Crawford v. Reading T. L. Co.,
Plaintiffs rely upon Tilton v. P. R. T. Co.,
Judgments reversed and here entered for defendant.
Mr. Justice SIMPSON dissented.
Harkins Et Ux. v. Phila. Rapid T. Co. , 286 Pa. 465 ( 1926 )
Sanson v. Philadelphia Rapid Transit Co. , 239 Pa. 505 ( 1913 )
Bliss v. Philadelphia Rapid Transit Co. , 73 Pa. Super. 173 ( 1919 )
Tilton v. Philadelphia Rapid Transit Co. , 231 Pa. 63 ( 1911 )
Kleine v. Pittsburgh Railways Co. , 252 Pa. 214 ( 1916 )
Crawford v. Reading Transit & Light Co. , 273 Pa. 74 ( 1922 )
Zieger v. Phila. Rapid Transit Co. , 84 Pa. Super. 541 ( 1924 )
Harrar v. P.R.T. Co. , 92 Pa. Super. 242 ( 1927 )
Holutin v. P.R.T. Co. , 89 Pa. Super. 326 ( 1926 )
McClusky v. Shenango Val. Trac. Co. , 105 Pa. Super. 275 ( 1932 )
Smith v. Pittsburgh Railways Co. , 405 Pa. 340 ( 1961 )
Zager v. Pittsburgh Railways Co. , 401 Pa. 516 ( 1960 )
Hufnagel v. Pittsburgh Rwys. Co., Etc. , 345 Pa. 566 ( 1942 )
Mervine Et Ux. v. Aronomink Trans. Co. , 348 Pa. 475 ( 1943 )
Cutler v. Phila. Rapid Transit Co. , 319 Pa. 351 ( 1935 )
Hill v. West Penn Railways Co. , 340 Pa. 297 ( 1940 )
Meussner v. Port Authority of Allegheny County , 745 A.2d 719 ( 2000 )
Miller v. Pittsburgh Railways Co. , 187 Pa. Super. 334 ( 1958 )
Hody Et Ux. v. Pittsburgh Rys. Co. , 318 Pa. 272 ( 1935 )
Staller v. Phila. R. T. Co. , 339 Pa. 100 ( 1940 )
Morrison v. P. T. C. , 353 Pa. 269 ( 1945 )
Shedlock v. Wyoming v. Autobus Co. , 340 Pa. 377 ( 1940 )
Hall v. Ziegler , 361 Pa. 228 ( 1949 )
Endicott v. Phila. Rapid Transit Co. , 318 Pa. 12 ( 1935 )
Herholtz Et Vir v. West Penn Rys. Co. , 362 Pa. 501 ( 1949 )
Hawkins v. Pgh. Railways Co. , 146 Pa. Super. 185 ( 1941 )
Coyle v. Pgh. Rwys. Co., Etc. , 149 Pa. Super. 281 ( 1942 )
Lewis v. Pgh. Railways Co. , 132 Pa. Super. 394 ( 1938 )
Jenkins Et Ux. v. Beyer (Et Al.) , 118 Pa. Super. 527 ( 1935 )