Quinn v. Philadelphia Rapid Transit Co.

Citations

• 224 Pa. 162
• 73 A. 319
• 1909 Pa. LEXIS 745

Syllabus

<p>Negligence — Street railways — Boarding moving car — Contributory negligence.</p> <p>1. In an action against a street railway company to recover damages for personal injuries, it is error to submit the case to the jury where the evidence offered by the plaintiff shows that he attempted, without the knowledge of the conductor or motorman, to get upon a summer car‘at a time when it was going faster than a man could walk, and that practically at the same instant that his foot reached the running board, he was thrown to the ground.</p> <p>Trial — Improper remark of counsel as to damages — Withdrawal of jury.</p> <p>2. It is error for counsel to state to the jury the amount of damages claimed in the declaration. The damages are to be ascertained by the jury from the evidence and are not to be determined by any estimate of counsel not baséd on the evidence.</p>