Bumbear v. United Traction Co.

Citations

• 198 Pa. 198
• 47 A. 961
• 1901 Pa. LEXIS 759

Syllabus

<p>■ Negligence—Street railways—Standing on platform of car.</p> <p>While it is not per se negligent for a passenger on a car of a horse railway to stand on the platform or steps as it is on the cars of steam railroads, it is his duty to go inside the car if there is room. As to the danger of riding on platforms or steps, electric trolley cars occupy an intermediate position, and the established rules in regard to steam and horse cars do not apply to them without modification. Where there is room to be seated inside the electric car and no special and sufficient reason is shown why a passenger should not avail himself of it, it is negligence per se to remain on the platform of a moving car.</p> <p>A passenger who rides on the side steps of an open summer car when it is reasonably practicable for him to go inside the car, assumes all the risks of his position, and in all cases he assumes the risk incident to the usual swaying and jolting of the car, and from collision with passing vehicles, and with obstructions of whatever nature which unexpectedly appear ; but when the passenger by invitation of the conductor, or with his knowledge and assent and from necessity, because of the want of sitting or standing room inside the car, rides on the side step, he is entitled to the same degree of diligence to protect him from dangers which are known, and may readily be guarded against, as other passengers.</p> <p>In an action against a street railway company it appeared that plaintiff got on the side step of an open electric ear to ride to his work at a place where he had taken the cars every morning for several weeks before. As there was no room inside the ear, he stood on the side step which was filled with passengers. The conductor received his fare and made no objection to his standing on the step. At a place where the street curved, the railway tracks were so near one side as barely to leave room for a wagon to stand between them and the walls of a hotel building. At this