Enches v. New York R.

Citations

• 135 Pa. 194
• 19 A. 939
• 1890 Pa. LEXIS 1170

Syllabus

<p>1. Where, in an action to recover for personal injuries received by a passenger while alighting from a railroad train, the testimony is conflicting as to whether the train was in motion when the plaintiff started to descend from the ear, the,question of the plaintiff’s contributory negli- ■ gence is a question of fact to be submitted to the jury.</p> <p>2'. In,such action, it was not error to refuse to charge the jury that the testimony of the plaintiff as to the distance she was thrown, the direction, swiftness and whirling motion of her fall, and the character of the injuries she received, was sufficient evidence that she had left-the car after it had started, and if believed by the jury she was not entitled to recover.</p>