Kleine v. Pittsburgh Railways Co.

Citations

• 252 Pa. 214
• 97 A. 395
• 1916 Pa. LEXIS 596

Syllabus

<p>Negligence — Street railways — Passenger—Jolt of car — Evidence —Damages—Unmarried woman — Earning power — Inability to perform household duties — Case for jury.</p> <p>1. Where an issue involves the rate of speed of a street ear, mere statements that the car was running fast, pretty fast, awful fast, or similar language, are insufficient to establish negligence; but a jolt caused by the abrupt stopping of a car is sufficiently de-* scribed by the use of general terms followed by evidence of the general effect of the jar on the passengers. The severity of the jolt and its effect are questions for the jury.</p> <p>2. A woman’s inability to perform household duties at her home, as the result of an accident, is an element of damage in an-action for personal injuries.</p> <p>3. In an action by a passenger against a street railway company to recover damages for personal injuries, the case is for the jury and a verdict and judgment for the plaintiff will be sustained where it appears that the car in which she was riding was of the type having seats the entire width and running boards along the side; that at the time of the accident the car was crowded and plaintiff was standing between the seats and supporting herself by holding onto the upright at the end of the seat in front of her; that, according to plaintiff, when the crossing was reached at which she had told the conductor to stop, the car was going “awful fast,” gave “an awful jerk” in making the stop, and threw her out into the street; and where another passenger testified that the jerk was so severe that a child she was carrying was almost thrown out of her arms, and further “it was an unusually severe jerk...... it was hard enough to throw anybody else out of the street car.”</p> <p>3. In such case where plaintiff, who was an unmarried woman, testified that she did housework by the day for various persons regularly for three days each week at a stated sum per day, and during the rest of the week worked a port