Montalini v. Pennsylvania Co.

Citations

• 256 Pa. 249
• 100 A. 806
• 1917 Pa. LEXIS 596

Syllabus

<p>Negligence — Railroad companies — Passengers — Passengers alighting from cars — Premature starting — Conflicting evidence— Case for jury — Pain and suffering — Damages—Present worth.</p> <p>1. In an action brought by a passenger on a railroad train to recover damages for personal injuries alleged to have been sustained by plaintiff in consequence of the 'premature starting of the train while she was endeavoring to alight therefrom at a station platform, where plaintiff’s testimony that while she was descending from the steps the train started with a jerk, throwing her onto the platform, was corroborated to some extent by four other witnesses, the case was for the jury and a verdict and judgment for the plaintiff will be sustained although six or seven witnesses testified for defendant that after the train had started plaintiff left the car olatform, walked down the steps and jumped off.</p> <p>2. In such case the court properly charged the jury to the effect that it is the duty of a railroad company as a common carrier to use the highest degree of care and to stop its trains for such length of time as to give passengers a reasonable opportunity to alight, and that to prematurely start the train with a sudden jerk while a passenger is in the act of alighting therefrom, which act is or should be known by those in charge of the train, is negligence on the part of the carrier.</p> <p>3. Where, in such ease, the plaintiff testified that as a result of the accident she was confined to her bed for three weeks during which time she suffered pain continuously and could not sleep at all, it was proper to charge the jury to the effect that, as a matter of common knowledge, pain might be so intense as to disable a person from laboring.</p> <p>4. In such case it was not reversible error to charge the jury that the question is “whether you have sufficient evidence to determine</p> <p>how long this pain and suffering is likely to exist......If you have</p> <p>such facts so you