Blue v. Pennsylvania R. R.

Citations

• 1 Monag. 757
• 1889 Pa. LEXIS 1231

Syllabus

<p>In an action against a railroad company to recover damages for personal injuries caused by the alleged negligence of the defendant, the plaintiff testified: “ I purchased a ticket for W.; as the train got right opposite the station, I rose out of my seat and walked to the door, expecting the train to stop at the depot. I got out on the platform and stepped down on the step. I turned to retrace my steps, when a sudden jerk of the car broke my hold. I had a dinner-basket on my wrist. I had a hold on one of the braces of the platform and the sudden jerk wrenched my hold. I went down, struck on my hand, and dislocated my shoulder. They ran up above the platform, which is 250 feet. The station is a small building near the centre of the platform. They ran by 25 to 30 yards. The rear car stood above the platform.” The defendant moved for a non-suit on the ground of contributory negligence on the part of the plaintiff. The court entered a compulsory non-suit. Held, not to be error.</p>