Drake v. Penna. R.

Citations

• 137 Pa. 352
• 27 W.N.C. 417
• 20 A. 994
• 1891 Pa. LEXIS 891

Syllabus

<p>1. A passenger’s consent to the reasonable regulations of a railroad company, in regal'd to entering and leaving its trains, is implied; and for an injury which results to him from his voluntary disregard thereof, the company is nob liable: Sullivan v. Railroad Co., 30 Pa. 234; Penna. R. Co. v. Zebe, 33 Pa. 318; s. C., 37 Pa. 420.</p> <p>2. When a passenger knows that on one side of the track no platform or place for alighting from trains has been provided, and that there is a safe and convenient platform, upon the other side, for the use of passengers in entering and leaving trains, such knowledge is notice of a rule of the company that passengers shall get on and off trains at said platform.</p> <p>3. When a railroad company has provided safe and convenient means of ingress and egress to and from its trains, upon one side of its track, it has in this particular discharged its whole duty to passengers, and it is not bound to anticipate that, in disregard of its reasonable and known regulations, they will alight upon the opposite side.</p> <p>4. Wherefore, a passenger, who, with notice of a regulation requiring him to alight from his train upon the south side of the track, voluntarily alights upon the north side, and, in alighting, is injured by falling into an unguarded excavation made by the railroad company, cannot recover damages from the company for his injuries.</p> <p>5. The fact that the company has permitted persons residing north of its road to cross its right of way and track on foot, at different points in the vicinity of its station building, in going between different parts of the town, is not a waiver of its regulations affecting its passengers, nor a permission to them to alight on the north side.</p> <p>6.. Evidence that occasionally a passenger would get off on the north side of the company’s trains, cannot affect the rights and duties of the passenger, when it is not shown that the railroad company consented to or had knowledge of such practice