Kilpatrick v. Penna. R. Co.

Citations

• 140 Pa. 502
• 21 A. 408
• 1891 Pa. LEXIS 864

Syllabus

<p>1. A passenger, who, without necessity, attempts to alight from a moving train, in the face of a warning from a fellow passenger not to do so, is guilty of contributory negligence, and cannot recover for an injury received in such attempt.</p> <p>2. While not bound to obey such a warning, the person warned disregards it at his peril, from whatever source it comes. It is enough that Ms attention is drawn to his danger; it then becomes Ms duty to avoid it, and not to do so is negligence.</p> <p>8. Wherefore, it is not error, in an action for an injury received in alighting from a train, to charge that, if the train was in motion and the plaintiff was informed of that fact by a fellow passenger, and warned not to alight, it was his duty to heed the warning.</p>