Diffenderfer v. Pennsylvania Railroad

Citations

• 67 Pa. Super. 187
• 1917 Pa. Super. LEXIS 369

Syllabus

<p>Negligence — Railroads—Passengers—Contributory negligence— Case for jury.</p> <p>In an action against a railroad company by a passenger to recover damages for personal injuries, a verdict and judgment for plaintiff will be sustained where the evidence tends to show that the plaintiff entered a crowded car at a station and took the only vacant seat, which was in the portion of the car called the vestibule; that he was followed by another passenger who carried an iron frame 3 feet by 2% feet, and this was placed in the vestibule opposite to plaintiff; that the frame stood on' end and slanted; that at a subsequent station the train stopped suddenly, and with unusual violence and the frame was thrown against plaintiff’s leg; and that the conductor and brakeman of the train had passed through the car and collected tickets after the frame had been put in the vestibule.</p> <p>In such a case the plaintiff is not precluded from recovery on the ground of contributory negligence, because he saw the frame and did not call the attention of the trainmen to it.</p>