Margo v. Pennsylvania Railroad Co.

Citations

• 213 Pa. 463
• 62 A. 1079
• 1906 Pa. LEXIS 506

Syllabus

<p>Negligence — Railroads—Passenger—Alighting from train — Custom..</p> <p>In an action against a railroad company to recover damages for the death of plaintiff’s husband, occurring while as a passenger he was alighting from a train, the plaintiff is not entitled to recover where the evidence shows that the train was stopped for a proper railroad purpose at a point about half a mile from the terminal station where the passengers were to change cars, that at this point there were numerous tracks, and within the yard limits; that the deceased without any invitation, or notice from the trainmen, and solely for his own convenience, alighted from the side of the train opposite to where the trainmen were standing, and was thrown under the wheels of the car by the starting of the train, and killed.</p> <p>In such a case an offer to show a custom of the railroad company to stop its trains at the place of accident for general railroad purposes, and that when trains so stopped passengers frequently got off and on, is inadmissible, where there is no offer to show that the deceased had knowledge of such custom.</p> <p>When a custom is set up to assert a right or justify an act, the party relying on the custom must show that he had knowledge of it.</p>