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>
Judges: Bbown, Dean, Mestbezat, Mestrezat, Mitchell, Potteb
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4 cases in this archive cite this case.
Cites
12 cases in this archive are cited by this case.
- Ely v. Pittsburgh, Cincinnati, Chicago & St. Louis RailwaySupreme Court of Pennsylvania· 1893-11-06· cited 89×
- Schepers v. Union Depot RailroadSupreme Court of Missouri· 1895-02-19· cited 38×
- Citizens' Street Railroad v. SpahrIndiana Court of Appeals· 1893-02-28· cited 16×
- Strader v. MonroeSupreme Court of Pennsylvania· 1902-05-19· cited 15×
- Corlin v. West End Street RailwayMassachusetts Supreme Judicial Court· 1891-06-27· cited 13×
- Finkeldey v. Omnibus Cable Co.California Supreme Court· 1896-08-14· cited 9×
- Sahlgaard v. St. Paul City Ry. Co.Supreme Court of Minnesota· 1892-01-19· cited 9×
- Walters v. Phila. Traction Co.Supreme Court of Pennsylvania· 1894-04-02· cited 5×
- Linch v. Pittsburgh Traction Co.Supreme Court of Pennsylvania· 1893-01-03· cited 4×
- Jagger v. People's Street Railway Co.Supreme Court of Pennsylvania· 1897-03-22· cited 3×
- Austrian v. United Traction Co.Superior Court of Pennsylvania· 1902-02-14· cited 1×
- Munroe v. Third Avenue R. R.The Superior Court of New York City· 1884-02-04· cited 1×
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