Mittleman v. Philadelphia Rapid Transit Co.

Citations

• 221 Pa. 485
• 70 A. 828
• 1908 Pa. LEXIS 518

Syllabus

<p>Negligence — Street railways — Riding on platform — Summer car— Passenger — Conductor—Contributory negligence.</p> <p>It is the duty of the conductor of an electric street car to control the operation of the car, to protect and regulate the seating of passengers and to enforce the rules and regulations of the company affecting the transportation of passengers. In such capacity he is the representative of the company and acts for it.</p> <p>It is the duty of the passenger to submit to the authority of the conductor and to observe such reasonable directions as he may give. A passenger would not be justified in obeying the instructions of a conductor to occupy a place on the car which was imminently, or manifestly dangerous, but he should take the place on the car assigned him by the conductor unless the danger is so imminent or apparent that a reasonably prudent man would not assume it.</p> <p>Where a passenger laden with numerous bundles attempts to enter the body of an open summer car, and is directed to occupy the platform by the conductor who accepts his fare, the court cannot declare as a matter of law that the passenger is guilty of negligence per se in occupying a place on the platform as directed by the conductor.</p>