35 A.2d 255 | Pa. | 1943
Appellant boarded a bus of appellee, followed by her nineteen year old son and another man. There was one passenger in the bus. She had walked half the length of the bus toward a seat when it started and she was thrown to the floor and injured. She testified: "Well, the bus when it started, after everyone was on, gave such a jerk you could not hold your feet, and just like a ton of bricks hit you"; and again: "At first I was just thrown slightly forward, then about three or four feet back." Her son, the only witness in her support, testified as follows: "After I paid the fares I proceeded towards the rear of the bus, and I got about the fourth seat when I felt a terrific jerk . . . which threw me forward and backward, and I grabbed the supporting pole." There is nothing to indicate the other passengers were disturbed. There is no intrinsic evidence to show any movement of the bus which a passenger should not have expected and could have guarded against.
The law of this case is precisely stated in the leading case of Smith v. Pittsburgh Rys. Co.,
The motion to take off the non-suit was properly denied.
Judgment affirmed.