Johnson v. Mahoning & Shenango Railway & Light Co.

Citations

• 60 Pa. Super. 530
• 1915 Pa. Super. LEXIS 236

Syllabus

<p>Negligence — Street railways — Accumulation of ice and snow on platform of car — Passenger.</p> <p>In an action by a woman against a street railway company to recover damages for personal injuries, the case is for the jury where the plaintiff testifies that at the time of the accident she was a passenger oh one of defendant’s cars, that when she was about to leave the car she -took up her small child in her arms, and as she stepped from the body of the car into the vestibule, a descent of four or five inches, her foot slipped on snow that had become packed and frozen with an uneven' surface, causing her to fall; and this is the case although witnesses for the company testify that there was no'accumulation of ice or snow, and that the vestibule floor was wet because of melting snow brought in by passeri-' gers during the trip, and that the vestibule had been swept and kept as clean as could be under the circumstances.</p> <p>In such a case the plaintiff cannot be convicted of contributory negligence as a matter of law in carrying her young child in her arms as she walked from the car to the vestibule. It was for the jury to determine whether she adopted the most convenient method of taking the child from the car, and whether it was appropriate under the circumstances.</p>