Aikin v. Frankford etc. R.

Citations

• 142 Pa. 47
• 21 A. 781
• 1891 Pa. LEXIS 704

Syllabus

<p>1. In an action for negligence against a street-railway company, the evidence showing that the plaintiff had mounted the step of a moving car, and, instead of passing within, remained on the step and was struck therefrom by a standing post, with the position of which he was familiar, he was guilty of contributory negligence.</p> <p>2. In such case, although the testimony on the part of the plaintiff and that on the part of the defendant company, as to whether the platform was so crowded that he could not enter the car where there was abundant room, was contradictory, yet it was not error to instruct the jury to return a verdict for the defendant.</p>