Donnelly v. Pennsylvania Co.

Citations

• 252 Pa. 175
• 97 A. 272
• 1916 Pa. LEXIS 588

Syllabus

<p>Practice, G. P. — New trial — After-discovered evidence.</p> <p>1. A motion for new trial based on the ground of after-discovered evidence will be refused where such evidence is merely cumulative and would not effect a change in the verdict.</p> <p>Negligence — Railroads—Passenger boarding train — Contributory negligence — Qase for jury.</p> <p>2. In an action by a passenger against a railroad company to recover damages for personal injuries sustained while attempting to board defendant’s train, the case is for the jury and a verdict and judgment for plaintiff will be sustained where there is evidence that plaintiff was the last of a number of persons boarding the car; that the train started while he was on the lower step; that on account of the motion of the car, or for some other cause, the person immediately in front of plaintiff lurched back against him and caused his body to project some distance from the car so that he was struck and injured by one of defendant’s trucks standing on the platform where it had just been in use.</p>