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· 6/22/1909

Hopkins v. West Jersey & Seashore Railroad

Citations

  • 225 Pa. 193
  • 73 A. 1104
  • 1909 Pa. LEXIS 632

Syllabus

<p>Negligence — Carriers — Ferryboat — Contributory negligence — Non-suit — Passengers.</p> <p>1. Where a passenger in going upon a ferryboat in the daytime enters immediately upon the gangway intended for wagons, and instead of then going into one of the apartments on either side intended for passengers, pursues his way over the gangway and in his hurry falls into an open coal hole, which he could have seen if he had looked, he is guilty of contributory negligence, and cannot recover damages from the ferry company.</p> <p>2. Unless a passenger shows some valid reason to excuse, he is bound to put himself in the appointed place for passengers, and if he does not he takes the risk of his location elsewhere.</p>

Judges: Brown, Elkin, Fell, Mestrezat, Mitchell, Potter, Stewaet, Stewart

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