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HAMLEY ET AL. v. PITTSBURGH RAILWAYS COMPANY (11/13/50)

November 13, 1950

HAMLEY ET AL., APPELLANTS,
v.
PITTSBURGH RAILWAYS COMPANY



Appeals, Nos. 152 to 155, inclusive, March T., 1950, from order of Court of Common Pleas of Allegheny County, April T., 1948, Nos. 3191 and 1683, in cases of Geraldine M. Hamley, et al. v. W. D. George et al., Trustees of Pittsburgh Railways Company and Mary P. Miller, Admrx., Estate of Ruth Miller, Deceased, etc., v. Pittsburgh Railways Company et al. Order affirmed.

COUNSEL

Robert B. Ivory, with him Evans, Ivory & Evans and Harry E. Richter, for appellants.

D. H. McConnell, for appellee.

Before Drew, C.j., Stern, Stearne, Jones, Ladner and Chidsey, JJ.

Author: Stearne

[ 365 Pa. Page 544]

OPINION BY MR. JUSTICE ALLEN M. STEARNE

The appeals are from orders of the Court of Common Pleas of Appegheny County granting new trials

[ 365 Pa. Page 545]

    because of error of law in two trespass cases which were tried together.

Geraldine M. Hamley was seriously injured and Ruth Miller was killed, both being struck at the same time by a trolley car of the defendant, the Pittsburgh Railways Company. The Hamley suit was by the mother as guardian of the minor plaintiff and by the mother in her own right. The Miller case was a death action and a survival action by the administratrix. Substantial verdicts were rendered for plaintiffs in both cases.

The facts may be summarized thus: the young women, approximately 18 years of age, residents of Pittsburgh, were roller skating on the evening of January 19, 1948, at a skating rink located in the Borough of Forest Hills, some miles east of Pittsburgh. The building is located on the south side of U.S. Highway Route 30. The highway running east and west consists of two paved roadways, a dual highway. The southern side is used for traffic moving east from Pittsburgh (outbound) and the other or northern side is used for traffic moving west (inbound) to Pittsburgh. This highway is one of the important ones of the county and is heavily traveled. Between the two paved portions of the highway are two sets of open trolley tracks, built on stone ballast and wooden ties, with no surface paving, upon which the defendant operates its trolley cars. The trial judge, in his opinion for the court en banc, said: "Opposite the skating rink there is a passenger stop for street cars going in both directions, and long platforms have been constructed and maintained by the Company on its right-of-way. The outbound platform is 107 feet long, and the inbound 86 feet long. The westerly ends of the two platforms are about opposite each other, but the outbound platform extends about 21 feet eastwardly towards East Pittsburgh beyond the inbound platform. Between the two platforms are the open tracks of ties, ballast, and four 5-inch T-rails. There

[ 365 Pa. Page 546]

    is an asphalt crossing or crossover about 10 feet wide which goes over the tracks at grade and joins the two platforms. The center of this asphalt crossing is 25 feet eastwardly from the westerly ends of the platforms. Towards the easterly ends of the platforms there are car stop signs on an overhead wire. On the night of the accident an inbound street car was at the eastern end of the inbound platform taking on passengers. It was stopped in ...


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