Hauenstein v. Conestoga Traction Co.

Citations

• 229 Pa. 128
• 78 A. 31
• 1910 Pa. LEXIS 560

Syllabus

<p>Street railways — Trolley express companies — Freight cars — Consignee injured while unloading freight — Conductor—Swing of car on curve— Premature start.</p> <p>1. Where a consignee of freight is invited by the conductor of a trolley freight express car to approach the car and remove the freight from it to a barrow he is entitled while so doing to protection from the conductor in the position in which he is required to place himself for the purpose of receiving the freight and to an opportunity, not only to place the freight on the barrow, but to remove himself and the barrow so as to prevent a collision with the car.</p> <p>2. In an action brought by a consignee against a trolley express-company to recover damages for personal injuries, the case is for the jury where it appears that the plaintiff was invited by the conductor of one of the company’s freight cars which had stopped upon a curve to approach the car with a wheelbarrow and remove his freight, and the evidence tends to show that the plaintiff was struck by the swing on the curve of the starting car while placing the last box received from the conductor on the wheelbarrow, without any lingering or delay on his part in handling the box.</p>