Leggett v. Western N. Y. etc. R.

Citations

• 143 Pa. 39
• 28 W.N.C. 236
• 21 A. 996
• 1891 Pa. LEXIS 904

Syllabus

<p>[To be reported.]</p> <p>(а) In an action for negligence, plaintiff’s testimony was to the effect that she was a passenger on defendant’s train, which reached her station after dark; that she started out of the car, with a number of packages, and when she reached the steps she became aware that the train was moving, having been negligently started before she had been given a reasonable opportunity to alight.</p> <p>(b) The plaintiff herself testified that, at the instant of discovering that the train was moving, she went off the car, falling upon the ground and receiving injuries, without any conscious effort on her part to leave the car, and without having had time to think of doing so. There was testimony for the defendant which tended to show that she stepped or jumped off the train:</p> <p>1. The court properly submitted to the jury the question whether the plaintiff stepped down or jumped from the moving ear, with instructions that, if she did so, she could not recover, unless she had reason to apprehend greater danger from remaining on the train, or the suddenness of the danger confronting her rendered her incapable of exercising proper judgment.</p>