Lehner v. Pittsburg Railways Co.

Citations

• 223 Pa. 208
• 72 A. 525
• 1909 Pa. LEXIS 508

Syllabus

<p>Negligence — Street railways — Runaway car — Passenger—Sudden emergency — Jumping from car.</p> <p>1. If a street railway car is running away rapidly down a dangerous grade, and a passenger has a well-grounded fear of imminent danger, he is justified in obeying the instinct of self-preservation, and in jumping from the car, if that seems to be the best method of escape.</p> <p>Negligence — Inference from fact — Measure of duty — Case for jury.</p> <p>2. Where there is a doubt as to the inference to be drawn from the facts, or where the measure of duty is ordinary and reasonable care, and the degree of care varies with the circumstances, the question of negligence is necessarily for the jury.</p> <p>3. Where a jury has the fact of a rapidly moving runaway car, and a passenger seen at one instant pushing her way through the car and out upon the platform and the next instant found lying upon the street the inference may be drawn that she had fallen in an attempt to alight from the car.</p>