Donnelly v. Buffalo & Lake Erie Traction Co.

Citations

• 40 Pa. Super. 110
• 1909 Pa. Super. LEXIS 576

Syllabus

<p>Negligence — Street railways — Getting on car — Sudden start of car — Case for jury.</p> <p>1. In an action by a woman against a street railway company to recover damages for personal injuries sustained while getting on a car, the case is for the jury, and a verdict and judgment for the plaintiff will be sustained where the plaintiff and her two witnesses testify in effect that the car had stopped at a street whore she was standing, at a place where cars usually stop; that the plaintiff was there waiting to become a passenger on that car; and that when she took hold of the hand rail the conductor suddenly started the car, and she was thrown to the ground and injured.</p> <p>2. If a proposed passenger takes a stand at a point where a street car usually stops for passengers, and the car stops there, it is the duty of the conductor to give the passenger a reasonable time to get on the car safely.</p> <p>3. Where three witnesses testify that a street car stopped and six witnesses testify that it did not stop, and the trial judge calls the attention of the jury to the testimony of all of these witnesses, it is not necessary for the trial judge to go further and enumerate the exact number of witnesses arrayed on the two sides against each other.</p> <p>Practice, C. P.- — Trial—Improper remarks of counsel.</p> <p>4. The appellate court will not reverse a judgment on a verdict for plaintiff in an accident case because the trial court refused to withdraw a juror and continue the case after counsel for the plaintiff had said to the jury: “ How much would you take to be in the same condition as the plaintiff?”</p>