Carothers v. Pittsburg Railways Co.

Citations

• 229 Pa. 558
• 79 A. 134
• 1911 Pa. LEXIS 530

Syllabus

<p>Practice, C. P. — Trial—Improper remark of counsel as to damages— Withdrawal of juror — Instructions—Duty of care.</p> <p>1. In an action for damages for personal injuries, where counsel states to the jury the amount claimed by plaintiff, it is reversible error for the court to refuse to withdraw a juror and continue the case upon defendant’s request.</p> <p>Negligence — Railroads—Passengers—Degree of care — Carriers.</p> <p>2. It is- error for the court to instruct the jury that a common carrier owes a duty to passengers to use “such a degree of care as would be necessary under all the circumstances of the case as would prevent injury to the passenger,” as such an instruction makes the defendant an insurer.</p> <p>3. A carrier for hire is held by law to a high degree of care to prevent injury to its passengers but it is not under a duty to protect them from every injury.</p>