Jackson v. Philadelphia Traction Co.

Citations

• 182 Pa. 104
• 37 A. 827
• 1897 Pa. LEXIS 776

Syllabus

<p>Negligence — Evidence— Contributory negligence.</p> <p>In an action against a street railway company to recover damages for personal injuries resulting to plaintiff, a woman, from her falling from an open street car, it appeared that at the time of the accident plaintiff was riding in an open summer car with seats running lengthwise across the car. Some time previous to the accident the car was running rapidly, and, at a point two hundred and thirty feet from where the accident occurred, it collided with a cart and mule, but at the point of the accident it was under control and going at a moderate speed. Witnesses for the plaintiff testified that they saw her fall from the car, but gave no evidence of any act or omission which induced her fall. The uncontradicted testimony of witnesses for the defendant was, in effect, that at the time of the accident plaintiff was standing at the end of the seat, with a market basket on her arm, although she had been warned to keep her seat. Held,, (1) that there was no evidence of defendant’s negligence; (2) that plaintiff was at least guilty of contributory negligence; and (8) that binding instructions should have been given for the defendant.</p>