Thomas v. Altoona & Logan Valley Electric Co.

Citations

• 236 Pa. 365
• 84 A. 846
• 1912 Pa. LEXIS 759

Syllabus

<p>Negligence — Street railway — Getting on car — Passenger — Case for jury.</p> <p>1. In an action against a street railway company to recover damages for personal injuries to an intending passenger sustained while attempting to get on a car, the case is for the jury where the evidence- is conflicting as to whether the car was moving or not when the plaintiff attempted to get on.</p> <p>Negligence — Damages — Permanent injuries — Prior suit between same parties — Record — Evidence.</p> <p>2. The fact that damages were claimed for permanent injuries in a former suit between the same parties, does not preclude tho same plaintiff from claiming in a later suit for permanent injuries resulting from another accident, if the plaintiff was restored to good health in the meantime, or if the injuries were to another part of the body, or if it appears that no actual damages were recovered in the former suit because the injuries sustained were caused by an independent contractor.</p> <p>3. In such a case the record of the former suit is not admissible for the purpose of attacking the credibility of the plaintiff as a witness.</p>