Morris v. Pittsburgh Railways Co.

Citations

• 256 Pa. 390
• 100 A. 971
• 1917 Pa. LEXIS 624

Syllabus

<p>Negligence — Street railways — Passenger boarding car — Sudden starting — Fall—Oustoman-y stopping place — Regular stopping place —Gase for jury.</p> <p>1. Passengers may lawfully get on and off a trolley ear when it is standing at a place where it is in the habit of stopping, apparently for that purpose, and under such circumstances it is the duty of the carrier to afford them a reasonable opportunity so to do. A customary stopping place becomes as to the public in effect a regular stopping place.</p> <p>2. In an action against a street railway company to recover for personal injuries sustained by an intending passenger while attempting to board a car, the case is for the jury where the evidence was conflicting as to whether the accident was occasioned by the sudden starting of the car as plaintiff was about to board it at a customary though not a regular stopping place, or whether plaintiff fell and sustained the injuries complained of while attempting to board the car while in motion or by slipping off a stone or in the mud while making the attempt to board it.</p> <p>3. Where in such ease it appeared that plaintiff was seventeen years of age and earned $1.76 per day, that he intended to’become a mechanic, that he had been disabled from working for some time, that he suffered great pain and had been compelled to undergo two operations resulting in the amputation of his leg, and that his earning power was impaired because of Ms permanently crippled condition, a verdict of $10,000 was not so clearly excessive as to warrant tbe Supreme Court in granting a new trial.</p>