Hunterson v. Union Traction Co.

Citations

• 205 Pa. 568
• 55 A. 543
• 1903 Pa. LEXIS 617

Syllabus

<p>Negligence — Street railways — Getting on moving car.</p> <p>To step on or off a moving car, whether the power which propels the car be steam or electricity, is per se negligence, and if injury results to the passenger he cannot, except in rare cases, recover damages ; and the burden is upon such person clearly to demonstrate to the court why his case should go to the jury as a rare exception to the rule.</p> <p>No recovery can be permitted where an injured plaintiff at a crossing signals an approaching car to stop, whose signal is heeded and he so understands by the slackened speed of the car as it approaches the usual stopping place, but who, before it stops, and while running at the speed of three or four miles an hour, attempts to get on it. It is the negligence of the injured person in such a case that is a contributing cause to his injuries, and he cannot escape the rule that his carelessness is in the way of his right to recover.</p> <p>Mestbezat, J., dissents.</p>