Amos v. Delaware River Ferry Co.

Citations

• 228 Pa. 362
• 77 A. 12
• 1910 Pa. LEXIS 490

Syllabus

<p>Negligence — Ferries—Landing of passengers — Absence of gang plank.</p> <p>1. Where a ferry company fails to supply a gang plank to connect the boat with the floating dock at the point where passengers land, although it supplies one at the center of the boat for horses, and it appears that a passenger is injured while landing owing to the absence of such plank, and that the accident could have been avoided if a plank had been supplied, the company is guilty of negligence, and liable in damages to the person injured. In such a case it is not required of the plaintiff to show that it was usual and proper for ferryboats to have gang planks.</p> <p>2. In such a case the plaintiff’s contributory negligence is a question for the jury where it appears that plaintiff was in the act of stepping from the boat to the dock when the boat and dock were in contact, presenting an even surface, that she then looked ahead and stepped, and as she was doing so the boat receded somewhat, and her foot in? stead of reaching the dock went into the space between and was crushed by the returning surge of the boat.</p> <p>Negligence — ■Damages—Permanent disability — Expectancy of life.</p> <p>3. Where the age of a plaintiff at the time of an accident, and her previous physical condition and habits of life are in evidence and plaintiff herself appears, the jury are competent to judge her probable expectancy of life, and where the medical testimony shows that her disability will likely be permanent and always accompanied by pain and suffering to relieve which electrical and other treatment will be required, such treatment may be considered in estimating the damages.</p> <p>Negligence — Ships and shipping — Ferryboat—Limitation of liability —Value of vessel and freight — Jurisdiction of state and federal courts.</p> <p>4. The fact that the laws of Pennsylvania forbid a common carrier from limiting his liability for negligence does not take away the jurisdiction of the state court because the