Brown v. Barnes

Citations

• 151 Pa. 562
• 25 A. 144
• 1892 Pa. LEXIS 1473

Syllabus

<p>Contributory negligence — Railroad passenger — Alighting from moving train—Nonsuit.</p> <p>In an action to recover for the death of a passenger caused by the alleged negligence of a railroad company, plaintiff’s testimony showed that the passenger attempted to alight from the train afterit had begun to move and after two other passengers upon the platform of the same car had been thrown down in alighting, in consequence of the motion of the train. Held, that the passenger in attempting to alight under the circumstances was guilty of contributory negligence which justified binding instructions for defendant.</p> <p>While a plaintiff cannot be nonsuited on testimony of one witness (not himself) if there are other witnesses who make out a case for the jury, the rule has no application to a case where there is no contradiction in the testimony but rather a corroboration, leaving it beyond dispute that the passenger stepped off a moving train: Kohler v. R. ft., 135 Pa. 346, ■distinguished.</p>