Malone v. Pittsburgh & Lake Erie R. R.

Citations

• 152 Pa. 390
• 25 A. 638

Syllabus

<p>Railroads — Passengers—Expulsion from train — Position of doubt — Contributory negligence.</p> <p>Where one is put in a position of embarrassment and difficulty by the negligence of a railroad company, he is not bound to use the best judgment, but only good faith and reasonable prudence.</p> <p>A woman was wrongfully ejected from a train upon which she was a passenger, at a regular stopping place where there was no station house, but only a box ear used temporarily as a station. A storm was approaching but she was not informed that she could find shelter in the box car, nor did she know that she would have been permitted to take the next train. She started to walk back to the station from which she had started, and on the way was overtaken by a heavy rain storm, and suffered in health therefrom. Held, that it was proper to leave the whole case to the jury, as the court could not say as a matter of law that plaintiff’s conduct under the circumstances was improper and negligent.</p> <p>Damages — Evidence—Loss of earning power.</p> <p>• Where a boarding house keeper is injured by the negligent conduct of another, it is proper to permit her to show that on account of the disability caused by the injury she had been deprived of carrying on her business of keeping a boarding house. Such evidence is not an effort to show loss of profits, but loss of earning power in her business or occupation.</p>