McMillan v. Federal Street & Pleasant Valley Passenger Railway Co.

Citations

• 172 Pa. 523
• 33 A. 560
• 1896 Pa. LEXIS 805

Syllabus

<p>Negligence — Street railways — Rules and regulations — Standing on platform — Ejection of passenger.</p> <p>A rule of a passenger railway company forbidding passengers to stand on the platform when there is room inside the car, is a reasonable regulation.</p> <p>While cases may arise in which such a rule could not be reasonably enforced, or an immediate compliance with it required, the necessity for the enforcement of the rule is not to be determined by the passenger, but by the conductor.</p> <p>A passenger on a street railway car has no right to complain of the enforcement of a reasonable rule by the conductor, unless he has stated to the conductor an adequate reason for its suspension in his case.</p> <p>A rule of a street railway company forbade passengers to stand upon the platform when there was room inside the car. Plaintiff, a passenger upon a car while standing upon the platform, was requested by the conductor to go into tire car where there was room. He refused to do so, saying that “he was not going far enough to go in,” and that “ it was not worth while to go in.” When asked by the conductor how far he was going his only reply was ‘ ‘ not far.” During the controversy he rode some distance, and then he was put off the car, and immediately attempted to board it again. While he was attempting to get on the car, the conductor held his foot in a position to push the plaintiff away from the platform, but plaintiff stated that he was not struck or kicked. Held, that the plaintiff was not entitled to recover damages from the railroad company.</p>