239 Pa. 505 | Pa. | 1913
Opinion by
This is an action for personal injuries. The case was submitted to the jury and a verdict was returned in favor of the plaintiff for the damages resulting from the negligence charged. There are two assignments of error: The first, that the court erred in refusing to direct a verdict for the defendant; the second, that there was error in refusing defendant’s motion for judgment non obstante veredicto upon the whole record. According to the view of appellant this was a case for the court and not for the jury. Sanson testified that he was a passenger on a car of the defendant company going west on Parkside avenue. The seats ran lengthwise along the side of the car. He was seated in the rear corner on the right hand side. As the car approached Marlton avenue he gave notice to the conductor to stop, and the conductor who was then at the front of the car taking down the record of the register in his book, turned around, looked at him, and as he thought recognized his signal to stop, because the car began to slow down. He then reached out, and with his hand took hold of the handle of the rear door, and as the car continued to slow down, he rose from his seat, still holding the handle on the door, and stood in the open doorway waiting until the car would stop so that he could safely alight. While he was standing in that position, “the speed of the car was suddenly increased with an unusual jump or jerk” which caused him to be thrown through the open doorway to the rear platform from whence he fell or was thrown to the street. He was severely injured as a result of what happened, and he charges that what did happen, was the result of the negligent operation of the car. His narration of these facts was corroborated in many particulars
It is also urged that there was no sufficient evidence that the injuries complained of either caused or accelerated the death of the injured husband. Here, again, we are met with the inquiry, who shall determine this question? It is only in clear cases that a court can declare the evidence to be insufficient as a matter of law. We cannot agree that this is such a case. What caused the death of the injured man was a very important question in the case, but it was not for the court to decide it. That question was likewise for the jury, and there is no assignment of error as to the manner of submission.
After a careful review of the entire record we have concluded that this was a case for the jury on every disputed question and that we would not be warranted in setting aside their verdict by declaring as a matter of law no liability attached to appellant.
Judgment affirmed.