Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

SUTHERLAND v. AUCH INTER-BOROUGH TRANSIT CO.

November 8, 1973

Donald SUTHERLAND and Phyllis Brynjulson Sutherland, Husband and Wife
v.
AUCH INTER-BOROUGH TRANSIT COMPANY


Newcomer, District Judge.


The opinion of the court was delivered by: NEWCOMER

NEWCOMER, District Judge.

 1. Plaintiffs Donald Sutherland and Phyllis Brynjulson Sutherland, husband and wife, were citizens of the State of New York residing at 126 Jamesville Avenue, Syracuse, New York at the time this action was filed.

 2. Defendant Auch Inter-Borough Transit Company (hereafter Auch) is a corporation organized and existing under the laws of Pennsylvania with its principal place of business located at 1516 Fayette Street, Conshohocken, Pennsylvania.

 3. The amount in controversy exceeds the sum of $10,000 exclusive of costs.

 4. On May 11, 1968, plaintiff Phyllis Brynjulson Sutherland, hereafter plaintiff Sutherland) was riding in a bus owned by the defendant Auch and operated by William Neal, an Auch employee, within the scope of his employment.

 5. On May 11, 1968, at approximately 5 p.m., the bus in which plaintiff Sutherland was riding was involved in an accident which accident developed through the following sequence of events:

 
(a) At about 5 p.m. the bus was proceeding south on Fayette Street in the Borough of Conshohocken.
 
(b) The street was wet at 5 p.m. because it had been and was raining prior to and at the time of the accident.
 
(c) After the bus had passed by 7th Avenue, the light at 6th Avenue changed from green to yellow for traffic proceeding south on Fayette Street.
 
(d) At the time of the light change, William Neal, the driver of the bus, applied the brakes in order to bring the bus to a stop at 6th Avenue.
 
(e) Upon application of the brakes, the bus skidded out of control, crossed the center line of Fayette Street between 7th and 6th Avenues, and crashed into two automobiles which were parked along the left hand curb facing north.

 6. Plaintiff Sutherland was warned of the impending crash and attempted to brace herself by pressing her feet against a wheel hump cover which cover was beneath the bench seat in front of the seat in which she was sitting.

 7. Upon impact, plaintiff Sutherland was forced into an extreme crouch position causing her knees to become locked.

 8. On May 11, 1968, plaintiff Sutherland was taken to Bryn Mawr Hospital in a rescue vehicle where she complained of hip and leg injuries.

 9. On May 12, 1968, plaintiff Sutherland again was taken to Bryn Mawr Hospital where her right hip and leg were x-rayed.

 10. On May 12, 1968, plaintiff Sutherland performed certain pieces from the work Carmina Burana in a concert at Agnes Irwin School from a wheelchair.

 11. Defendant Auch, through its agent, William Neal, owed a duty to plaintiff Sutherland to keep the bus in which she was riding as a passenger under proper control and to exercise the highest degree of care to make her journey safe.

 12. The failure of defendant Auch, through its agent, William Neal, to maintain proper control of the bus in which plaintiff was riding constituted a breach of a duty owed to plaintiff Sutherland.

 13. The failure of defendant Auch, through its agent, William Neal, to exercise the highest degree of care possible to make plaintiff Sutherland's journey safe constituted a breach of a duty owed to plaintiff Sutherland.

 14. The breaches of the above duties by defendant Auch were both substantial factors in bringing about ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.