KENNY v. SOUTHEASTERN PENNSYLVANIA TRANSP.

Nos. 77-2489, 77-2490.

581 F.2d 351 (1978)

Clare Immaculata KENNY, Appellant in 77-2489, v. SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, Appellant in No. 77-2490, and City of Philadelphia.

United States Court of Appeals, Third Circuit.

Decided July 18, 1978.


Attorney(s) appearing for the Case

Edward J. Morris, Joseph V. Cardona, Philadelphia, Pa., for Clare Immaculata Kenny.

Joseph R. Livesey, Kates & Livesey, Philadelphia, Pa., for Southeastern Pa. Transp. Auth.; Lewis H. Van Dusen, Jr., Drinker, Biddle and Reath, Philadelphia, Pa., of counsel.

Before ADAMS, WEIS and GARTH, Circuit Judges.


OPINION OF THE COURT

WEIS, Circuit Judge.

Whether a woman who is raped in the station of the Philadelphia transit system may recover damages from the carrier because of its lack of adequate protection is the issue in this diversity case. We conclude that a showing of deficient lighting on the station platform and insufficient attention to conditions by the only employee on the premises support a jury finding of...

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