· 1/6/1913

Coyne v. Pittsburgh Railways Co.

Citations

  • 239 Pa. 17
  • 86 A. 524
  • 1913 Pa. LEXIS 516

Syllabus

<p>Negligence — Street railways — Trespasser—Passenger—Riding on bumper of car.</p> <p>1. A person who climbs on the back bumper of a crowded summer street car and rides thereon, cannot, while in such a position, be classed under any circumstances as a passenger, unless the evidence shows an express or implied acceptance of him as such.</p> <p>2. Where a boy twelve years old climbs upon the back bumper of a crowded summer street car without the conductor’s knowledge and rides thereon in such a position that he is not seen by the conductor, and is warned of his danger by the motorman of a following car, he cannot recover damages from the street railway, company for injuries sustained by a collision between the car on which he was riding and the following car, if it appears that the motorman of the latter car was not guilty of wantonness in operating his car.</p>

Judges: Brown, Elkin, Fell, Moschzisker, Potter

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