Goehring v. Beaver Valley Traction Co.

Citations

• 222 Pa. 600
• 72 A. 259
• 1909 Pa. LEXIS 915

Syllabus

<p>Negligence — Street railways — Passenger—Master and servant — Borough policeman — Contributory negligence — Question for fury.</p> <p>A borough policeman was not paid by the borough but by business men and others needing police protection. He rendered services to a traction company in preserving order at its stations and on its cars. For these services he was paid by the company a small sum in wages with the right of free transportation over all its lines. On a certain night he was asked by a conductor to board a car on an outward trip. On the return trip when there was no disorder, the conductor asked the policeman to go to the front platform with the motorman. While standing there he was severely injured by the car leaving the track at a curve, when it was being run at a great and excessive speed. Held (1) that the question whether the policeman was or was not a passenger at the time of the accident was for the jury, and (2) that the question of his contributory negligence was also for the jury.</p>