Graeff v. Philadelphia & Reading R. R.

Citations

• 161 Pa. 230
• 28 A. 1107
• 1894 Pa. LEXIS 674

Syllabus

<p>[Marked to be reported.]</p> <p>Negligence — Railroads—Passengers—Rudeness—Breach of peace — Boors.</p> <p>A common carrier is not bound to protect its passengers from rudeness or bad manners on the part of strangers or other passengers, unless such conduct amounts to a breach of the peace.</p> <p>A railroad company is not liable for an injury to a passenger caused by another passenger- rudely and suddenly pushing a swinging door in the first passenger’s face.</p> <p>Appliance used for carriage of passengers — Presumption of negligence.</p> <p>In such case the company cannot be convicted of negligence because a station door was not of glass above the middle rail, so that persons approaching the door could see each other; nor was the presence of a small screw eye on the inner surface of the door, where it could come in contact with a person’s head, evidence of negligence; they were no part of the machinery used for the carriage of passengers, so as to raise a presumption of negligence from the accident.</p>