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· 5/6/1907

Brehony v. Pottsville Union Traction Co.

Citations

  • 218 Pa. 123
  • 66 A. 1006
  • 1907 Pa. LEXIS 463

Syllabus

<p>Negligence — Street railways — Passenger—Intoxicated passenger.</p> <p>In an action by a woman passenger against a street railway company to recover damages for personal injuries sustained as the result of a kick of an intoxicated passenger, where the only negligence alleged was the action of the conductor in admitting into the car the man who inflicted the injuries, when visibly intoxicated, it is reversible error to submit the ease to the jury where the evidence shows that there was nothing in the appearance or the conduct of the man as he entered the car to attract attention, or excite suspicion, and that he did not become violent until an altercation arose between him and the conductor as to the fare.</p>

Judges: Brown, Mitchell, Pell, Potter, Stewart

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