Gensemer v. Conestoga Traction Co.

Citations

• 237 Pa. 224
• 84 A. 901
• 1912 Pa. LEXIS 921

Syllabus

<p>Negligence — Street railways^-Passengers alighting from car— Duty of motorman.</p> <p>In an action to recover damages for personal injuries against a street railway company by a woman over seventy years of age who was injured while attempting to alight from a car the case is for the jury, and a verdict and judgment for ¡the plaintiff will be sustained where it appears that the woman boarded the car in a city for the purpose of going to a graveyard two or three miles distant; that she notified the conductor that she wished to get off at the graveyard, where there was a usual stopping place with a platform upon which passengers could alight, but instead of stopping there the car ran about sixty feet beyond, and where it stopped there was a ditch on the side of the track upon which the plaintiff wished to alight; that plaintiff rode in the front Seat of the car, which was crowded, and when it stopped she went out on the front platform, having seen that passengers were standing in the aisle and on the rear platform; that when she went onto the front platform she said to the motorman that it looked a little steep there, and he told her to wait, as it was pretty high, and he would assist her, and plaintiff, although contradicted by the motorman, testifies that the motorman asked her to give him her hand, and after she did so, he let go of it as she was in the act of stepping down,' and she fell into the ditch or gutter, sustaining the injuries complained of.</p>