Frega v. Philadelphia Rapid Transit Co.

Citations

• 245 Pa. 31
• 91 A. 222
• 1914 Pa. LEXIS 826

Syllabus

<p>Negligence — Street railways — Passengers — Standing on platform, — Physical infirmity — Contributory negligence — Nonsuit.</p> <p>1. While a passenger on a trolley car who sustains injuries in consequence of riding on the platform, may recover therefor, if the car was so crowded that he could not be accommodated within, the burden of proof is upon him to justify his occupying such a position.</p> <p>2. Physical infirmity gives a passenger on a trolley car no exemption from the rule that imputes contributory negligence to a passenger who voluntarily places himself in a place of known danger in consequence of which he i§ injured.</p> <p>3. In an action of trespass to recover damages for personal injuries sustained by plaintiff in consequence of the explosion of the controller of a trolley ear, occurring while plaintiff was riding on the front platform thereof, where plaintiff’s contention that the car was so crowded that he could not be accommodated within was not sustained by the evidence, and where plaintiff further undertook to justify his riding on the platform by showing that he suffered from a stiff knee which rendered it dangerous for him to occupy a seat within the car, and difficult to stand supported only by the usual strap, the trial judge was not in error in entering judgment of nonsuit, the defendant company not being under any obligation to provide special accommodations for persons afflicted as was plaintiff.</p>