Matthews v. Pennsylvania R. R.

Citations

• 148 Pa. 491
• 24 A. 67
• 1892 Pa. LEXIS 1007

Syllabus

<p>Mailroads — Station platform, — Negligence—Contributory negligence.</p> <p>At Collins station, on the line of the defendant’s railroad, there was a passenger platform flush with the tracks of the railroad, at each end of which was a smaller raised freight platform, which stood four feet away from the outer rail of the tracks. The main platform was continued into this space between the smaller platform and the tracks. There was no notice, nor was there any gate, bar or rail to prevent passengers from going into this space. It was testified that the bumper of the engine extended laterally beyond the edge of the rail about twenty inches, thus leaving a space of twenty-eight inches between the edge of the smaller platform and a passing train. Plaintiff’s husband having gone to this station for the purpose of taking a train, was standing with a companion in this narrow space, each having his back toward the train and leaning on the raised platform. Plaintiff’s husband having been notified that the train was coming, stepped around his companion, and while in the act of doing so, was struck by the approaching train, receiving injuries from which he died. At the conclusion of plaintiff’s testimony, the court entered a non-suit:</p> <p>Held, not to be error. There was nothing in the construction of the platform to make it dangerous, and the accident was the result of the negligence of deceased.</p>