Brooks v. Philadelphia & Reading Railway Co.

Citations

• 218 Pa. 1
• 66 A. 872
• 1907 Pa. LEXIS 443

Syllabus

<p>Negligence — Railroads—Passenger—Carrying passenger beyond station —Alighting from train — Nonsuit.</p> <p>The contract of a passenger with a railroad company, as evidenced, by his ticket, requires the company to carry him safely to his destination and to give him an opportunity to alight at the usual stopping place. It is the duty of the carrier to announce the name of the station as the train approaches it, and on the arrival of the train at the station to afford the passenger sufficient time and opportunity to alight in safety. The passenger’s contract does not terminate until he has alighted from the cars. At the end of the journey the relation of the carrier and passenger continues until the passenger has had a reasonable opportunity to depart from the train or car in safety.</p> <p>In an action against a railroad company by a passenger, to recover damages for personal injuries, it appeared that the plaintiff was a woman sixty-five years old. The train did not stop at the station of her destination, and as it was passing, she stepped to the door of the car in which she was riding, and told the brakeman that she desired to alight at that station. As she was talking with the brakeman, the conductor came running through the car and said that he had forgotten to notify the brakeman to stop the train at the station, and that the train would then stop which it did, about 100 yards beyond the station. It was dark, and plaintiff told the conductor and brakeman that she preferred being let off at the platform, but the brakeman said that he would assist her to alight there. Plaintiff testified that when she attempted to alight, she had to lean over to put her hands on the brakeman’s shoulder to get down, and that she had to jump four and one-half feet. She said that “in some manner my left limb twisted and caused a rupture for which I have suffered ever since.” The trial judge entered a nonsuit because there was no evidence to show how plaintiff “twisted herself, or w