McDade v. Philadelphia Rapid Transit Co.

Citations

• 215 Pa. 105
• 64 A. 327
• 1906 Pa. LEXIS 742

Syllabus

<p>Negligence — Street railways — Biding on front platform.</p> <p>In an action against a street railway company it appeared that plaintiff while riding as a passenger on the front platform of an electric street car was apprehensive that there would be a collision with another car and attempted to go inside the car. He was pushed by others who were making the same attempt and was thrown down in the doorway and injured. The jury were instructed that if the plaintiff rode on the platform because there was no other place where he could stand, he could recover; but that, if they found from all the testimony that there was room inside the ear where the plaintiff could comfortably have stood, he could not recover. There was a verdict and judgment for the defendant. Held, that as the plaintiff's injury was the direct consequence of his riding on the platform, there was no error in the instruction given.</p>