Bally v. Pittsburgh Rys. Co.

Citations

• 272 Pa. 178
• 116 A. 161
• 1922 Pa. LEXIS 795

Syllabus

<p>Negligence — Street railways — Licensee on car — Presumption from accident as to passengers — Worle car — Wilful acts.</p> <p>1. Where a person employed by a municipality as an inspector of. repair work on the tracks of a street railway, is invited by the foreman of the railway company to enter a work ear as a convenient place to eat his lunch, and is injured while the car is being shifted, he is a mere licensee, and the presumption of negligence on the part of the company arising where a passenger is injured during transportation, does not apply in his favor.</p> <p>2. As plaintiff’s duty did not require him to ride on a work car, there was no authority in the foreman to transport him or to invite him to enter the ear.</p> <p>3. The company owed him no duty except to refrain from injuring him by intentional, wanton, or wilful acts.</p>