Berkebile v. Johnstown Traction Co.

Citations

• 255 Pa. 310
• 99 A. 871
• 1917 Pa. LEXIS 452

Syllabus

<p>Negligence — Street railway companies — Passengers—Payment of fare — Injuries—Person boarding moving car. ■</p> <p>1. A passenger in the legal sense of the term is one who travels in some public conveyance by virtue of a contract, express or implied, with the carrier, as to the payment of fare, or that which is accepted as the equivalent thereof.</p> <p>2. When ah individual gets on a trolley car he is presumed to be there lawfully as a passenger, having paid or being liable when called on to pay his fare. In an action against the carrier for personal injuries sustained by a person in a trolley ear, the onus is upon the carrier to prove affirmatively that he is a trespasser. The purchase of a ticket or the payment of fare is not essential to the creation of the relation of carrier and passenger.</p> <p>3. To constitute a person boarding a street railway car a passenger, it is hot necessary that he should be seen or recognized by the motorman or conductor prior to an accident.</p> <p>4. In the absence of a rule by a street railway company prohibiting intending passengers getting on its cars while in motion or declining to accept them as such after thpy are safely on the car, an individual who boards a car in motion and is not seen by tbe conductor or motorman is not -without protection as a passenger against the negligence of the carrier.</p> <p>•5. Whether one is a passenger on a car and entitled to protection as such is usually a mixed question of law and fact and should, be submitted with proper instructions to the jury.</p> <p>6. In an action by an alleged passenger on a street railway car against the company for damages for personal injuries, where the testimony would justify a jury in finding that the plaintiff at the time of the collision was on the rear platform of the car having boarded the car while in motion, had hold of one of the horizontal hand; rails which extended from the steps to the door and was proceeding to enter the car, the question as to th