Fisher v. Paxson

Citations

• 182 Pa. 457
• 38 A. 407
• 1897 Pa. LEXIS 830

Syllabus

<p>Negligence — Railroads—Passengers.</p> <p>In an action by a passenger against a railroad company to recover damages for personal injuries caused by falling into a culvert while walking upon the tracks after alighting from a train, evidence that the culvert was repaired after the accident is irrelevant and inadmissible, where there is nothing to show that the railroad company failed in any duty to the passenger while he was alighting from the train.</p> <p>A nonsuit is properly entered in a case by a passenger against a railroad company for personal injuries where it appears that the plaintiff fell asleep and was carried past the station where he intended to alight; that at the next stop, on the suggestion of the conductor, but without any compulsion, or demand upon him for additional fare, he alighted from the train in a city with which he was familiar, and started to walk between the tracks, and, after going some distance, fell into a culvert and was injured.</p>