De Marchi v. Central Railroad

Citations

• 264 Pa. 321
• 107 A. 703
• 1919 Pa. LEXIS 645

Syllabus

<p>Practice, Supreme Court — Appeals—Record—Omitted evidence —Review of rulings affected thereby.</p> <p>1. Where all the evidence used in the court below is not presented to the appellate court, rulings which may have been affected by the omitted evidence cannot be reviewed by the appellate court.</p> <p>Negligence — Presumption — Common carrier — Means of transportation — Appliances—Injury to passenger.</p> <p>2. A presumption of negligence arises against a common carrier where a passenger is injured by reason of defective appliances or lack of appliances, or by something appertaining to the means of transportation.</p> <p>Negligence — Contributory negligence — Passenger thrown from, moving train while going to smohing or dining car — Duty of carrier to protect passenger — Guards between cars — Assumption of risJc.</p> <p>•3. It is not negligence per se to pass from car to car of a moving train in order to reach a smoking or dining car forming part of the train.</p> <p>4. It is the duty of the carrier to take necessary precautions to protect passengers from injuries while passing from car to car under such circumstances.</p> <p>5. Passengers have a right to assume the carrier has performed its duty in that regard.</p> <p>6. Passengers knowing of the absence of guards or chains between passenger cars, do not assume the risk of an extraordinary jerk, caused by a faulty condition of the track, when passing from car to car in order to reach a dining or smoking car. The carrier is bound to know the condition of the roadbed and guard against the occurrence of such extraordinary jerks due thereto, but the passenger, being ignorant of that condition, is not bound to anticipate them.</p>