Burns v. Johnstown Passenger Railway Co.

Citations

• 213 Pa. 143
• 62 A. 564
• 1906 Pa. LEXIS 436

Syllabus

<p>Negligence — Street railways — Passengers—Summer car — Standing on running board — Contributory negligence.</p> <p>The running board of a summer car is not intended for the use of passengers, except as a convenience in getting in and out of the car. A passenger who stands on the running board when there is room inside, or when it is reasonably practicable to go inside the car assumes the risk of his position.</p> <p>Where a passenger takes his stand on the running board of a summer car with knowledge of the close proximity of the polos to the tracks, and warns other passengers of the danger, and is subsequently hit by a pole and is killed, no damages can be recovered for his death.</p> <p>Mestrezat, J., dissent®.</p>