Beamer v. Philadelphia & Reading Railway Co.

Citations

• 50 Pa. Super. 211
• 1912 Pa. Super. LEXIS 29

Syllabus

<p>Negligence — Railroads—Passenger—Defective station.</p> <p>1. In an action against a railroad company by a passenger to recover damages for personal injuries, a verdict and judgment for plaintiff will be sustained where the testimony of the plaintiff shows that she was walking on the platform of a station to take her train for which she had bought a ticket, when a plank gave way causing her injuries; and other testimony in the case although contradicted tended to show that a subsequent examination of the platform disclosed a rotten and broken-down plank where the plaintiff was supposed to have fallen, and that the boards were all worn and rotted by the weather.</p> <p>Railroads — Tickets—Joint ticket — Passengers.</p> <p>2. Where a person purchases a joint excursion ticket from the first of two railroads whose names are printed on the ticket, and it appears that the passenger purchasing the ticket embarked on a train made up of the first company’s locomotive and cars and operated by its employees, and the ticket was signed by its passenger agent, the first company cannot claim that it is not liable for injuries to the passenger resulting from the negligent maintenance of a station on the second company’s line; and this is especially so where it appears that the passenger had no notice that the second line was not under control of the first company, and it also appears that the ticket was for a continuous trip to the destination, and that the first company had advertised a time-table for such continuous trips.</p>