Feiser v. Philadelphia & Reading Railway Co.

Citations

• 245 Pa. 422
• 91 A. 852
• 1914 Pa. LEXIS 891

Syllabus

<p>Negligence — Railroads — Passengers boarding cars — Sudden starting of train — Case for jury.</p> <p>In an action of trespass to recover damages for personal injuries sustained by plaintiff in consequence of being thrown under the wheels of a train which he was attempting to board, the case is for the jury and a verdict for the plaintiff will be sustained where it was undisputed that plaintiff, after waiting for the train in the station of defendant, was notified by the employee when the time for departure had arrived; that he went through an open gate having a sign indicating the train he wished to take; that he walked directly along the platform to the last passenger car of the train, took hold of the rail for the purpose of boarding the car at the rear end, and that while he was in the act of boarding, the train jerked violently and started, throwing him under the wheels of a baggage car attached to the passenger car, whereby his leg was severed.</p>