Austrian v. United Traction Co.

Citations

• 19 Pa. Super. 329
• 1902 Pa. Super. LEXIS 96

Syllabus

<p>Negligence — Street railways — Mounting summer car.</p> <p>If a street railway car has stopped, or is in the act of stopping, or is in such a condition of running or stopping as induces an intending passenger to think that it is about to stop, the passenger has a right to get on, and if the car starts before he is safely seated in the car, and an injury results therefrom, the company is liable.</p> <p>In an action by a woman against a street railway company to recover damages for personal injuries sustained in mounting an electric open or summer street car, the ease is for the jury where the evidence tends to show that plaintiff approached the car from the side on which was a second track, and from behind a car passing on that track, that she believed the car stopped in response to her signal, and that as soon as she stepped up on the' step, the car started resulting in plaintiff’s injuries. In such a case it is immaterial that the plaintiff had a concealed infirmity in having suffered an injury to her knee about two weeks prior to the accident.</p>