Boatwright v. Chester & Media Electric Railway Co.

Citations

• 4 Pa. Super. 279
• 1897 Pa. Super. LEXIS 118

Syllabus

<p>Negligence — Street railways — •Disorderly conduct of passengers — Measure of company's liability — Respondeat superior.</p> <p>A railway company is not liable for an accident which results from sudden noise and disorder on the part of a body of passengers, which disorder in the exercise of sound judgment and discretion, it was not obliged to anticipate or provide against. The doctrine of respondeat superior does not apply.</p> <p>Negligence — Street railways — Riotous conduct of passengers — Proximate cause— Question for jury.</p> <p>The sudden outburst of passengers on a trolley car frightened a well broken horse not afraid of such cars as usually conducted, and the horse ran away and upset the wagon. Held, That the failure or inability of the conductor or motorman to stop the unexpected demonstration was not such proximate cause of the injury as would render the railway company liable, and that it was error to leave to the jury the question whether the company’s employees permitted the passengers to indulge in such conduct as would frighten an ordinarily well broken horse.</p>