Harper v. Pittsburg, Cincinnati, Chicago & St. Louis Railroad

Citations

• 219 Pa. 368
• 68 A. 831
• 1908 Pa. LEXIS 578

Syllabus

<p>Negligence — Railroads—Station—Platform.</p> <p>The obligation upon a passenger at a station, going to or from his train, is not the same as that of a person at a public crossing. If the way provided is across a track he may rely upon the performance by the company of the duty to keep the track clear while passengers are in the act of passing-between the train and the station.</p> <p>In an action against a railroad company to recover damages for personal injuries it appeared that the accident happened at a station where there were four tracks. The first track nearest to the station was used for freight trains, and the second for passenger trains. Between the two tracks was a board platform about five feet in width intended for the use of passengers in approaching and alighting from trains. The only access from the station to this platform was over the freight track. On the night of the accident the plaintiff hearing the train whistle for the station, left the waiting room with other passengers, passed over the first track, and onto the narrow platform between the tracks. While standing there and just before the passenger train came to a stop, he was struck by a freight train, which, with tender and engine reversed, showing no light and giving no warning, ran down upon the first track. The space between the two trains standing side by side was not more than twenty-five inches in -width, and several persons were caught between them and injured. Held, (1) that the court could not say as a matter of law that plaintiff was guilty of contributory negligence; (2) that the case was for the jury, and that a verdict and judgment for plaintiff should be sustained.</p>