Giovanelli v. Erie Railroad

Citations

• 228 Pa. 33
• 76 A. 424
• 1910 Pa. LEXIS 426

Syllabus

<p>Negligence — Railroads—Passenger—Getting on car — Evidence—Case for jury.</p> <p>1. It is the duty of a carrier to give intending passengers a reasonable opportunity to enter a train in safety before it is started, and the failure to do so, resulting in injury to a passenger, is actionable negligence for which the carrier is liable.</p> <p>2. A passenger is entitled to have his suit against a railroad company go to the jury, where his own testimony corroborated by others, but contradicted by the defendant, tends to show that after the train which he intended to take was announced, he proceeded to board it; that 'when he was on the second step his further progress was barred by persons standing on the platform; that the train then started and ran over a switch and was suddenly stopped with a jerk, when one of the men on the platform was thrown or fell against the plaintiff, who was precipitated to the ground and injured by the wheel of the car passing over his leg.</p>