Kennedy v. Pennsylvania Railroad

Citations

• 32 Pa. Super. 623
• 1907 Pa. Super. LEXIS 62

Syllabus

<p>Negligence — Railroad—Station—Passenger—Disorderly conduct.</p> <p>In an action by a woman against a railroad company to recover damages for personal injuries, a verdict and judgment for the plaintiff will be sustained where the evidence tended to show that as the plaintiff, an intending passenger, was crossing the corridor from the waiting room to the train shed of a large terminal station, she wás surrounded and thrown down by a rush of several hundred students who were attending the departure of a football team, that the crowd had been in the corridor for nearly half an hour, had been behaving in a boisterous and disorderly manner, and that after the plaintiff had fallen they formed a ring and danced around her, inflicting further injuries as she lay prostrate.</p> <p>In such a case it is proper .for the court to charge that: “If for a considerable time prior to the accident there was a large crowd of students and followers in the station, indulging in such boisterous conduct as manifestly threatened personal injury to passengers, and the defendant could, by the exercise of due vigilance, have ejected this mob or reduced it to order and control, before the plaintiff was injured, then its failure to do so renders it answerable, to the plaintiff if she was subsequently injured by a rush of this crowd.”</p>