Gardner v. West Penn Railways Co.

Citations

• 263 Pa. 284
• 106 A. 302
• 1919 Pa. LEXIS 417

Syllabus

<p>Negligence — Street railways — Passenger—Attempting to board car on left side — Taking hold of car before door is opened — Contributory negligence.</p> <p>One who attempts to board a street car at a closed door on the left side while passengers are being discharged and received on the right side, and after attracting the attention of the conductor by rapping on the glass of the door, takes hold of the grab handle with one hand and placed his foot on a two-inch projection that extended out under the closed door and is thrown and injured when the ear starts, is guilty of such contributory negligence as to bar a right to recover, since he had no right to assume that he would be permitted to enter the car until the door was opened, and the construction of the car was such that the conductor could not have supposed that he would attempt to get on.</p>