Hull v. Bowers

Citations

• 273 Pa. 429
• 117 A. 189
• 1922 Pa. LEXIS 593

Syllabus

<p>Negligence — Electric railway — Automobiles—Biding in unusual position on electric car — Proximate or remote cause — Contributory negligence — N onsuit.</p> <p>1. A person injured by the negligence of another is not deprived of all remedy merely because, at the time of the accident, he was occuping an unusual position in a conveyance, unless he thereby cooperated in causing his injury.</p> <p>2. Where an,employee of a company operating an electric railway, takes his seat in a work car of his employer in such a position that his feet rest upon a step extending beyond the line of the cars, and he is injured by the negligent backing of an automobile out of an alley extending at right angles to the street on which the work car was passing, it is reversible error for the court to enter a nonsuit in a suit by the injured man against the owner of the automobile, because of the alleged contributory negligence of the plaintiff.</p> <p>3. PlaintifE’s position in the car was but a condition and not the cause of the injury.</p> <p>4. Had the suit been against the owner of the work car, a different question would be presented.</p>