Jennings v. Union Traction Co.

Citations

• 206 Pa. 31
• 55 A. 765
• 1903 Pa. LEXIS 641

Syllabus

<p>Negligence — Street railways — Injury to passenger — Contributory negligence.</p> <p>Where a passenger on an open summer electric street ear signals the conductor to stop at a crossing both before the car had reached the crossing and after it had passed the crossing, and the conductor either does not see or hoed the signals, and the passenger then rises and stands at the extreme edge of the car with his face to the rear and his arm around a stanchion, and again signals the conductor when the car is well within the block, and the car is then suddenly stopped with a jar, and the passenger is thrown out and injured, the latter is not entitled to recover damages from the railroad company for his injuries. In such a case it is not the negligence of the company, but the contributory negligence of the passenger which caused the accident.</p> <p>Me. Justice Mestkezat dissents.</p>