Chamberlain v. Director General of Railroads

Citations

• 275 Pa. 47
• 118 A. 550
• 1922 Pa. LEXIS 450

Syllabus

<p>Negligence — Railroads — Passengers — Alighting from train — Contributory negligence — Case for fury.</p> <p>1. Where a passenger alights from a train at a point where there is nothing to indicate whether passengers should alight from the right rather than the left side of the car, and is struck hy a passing train on an adjoining track, and the evidence is conflicting as to whether a proper warning was given, the question of the passenger’s contributory negligence is for the jury.</p> <p>2. A passenger alighting from a train at a usual stopping place, has a right to assume that his safety will not be endangered by permitting a train to pass upon the intervening tracks while he is in the act of crossing to the station.</p> <p>3. The fact that there is no station or platform at such place of alighting, does not prevent the application of the general rule, where it appears that there was nothing to indicate on which side the passenger was to alight, that the roadway was planked on each side of the tracks, and the accident happened on a dark morning.</p>