Mott v. Pennsylvania Railroad

Citations

• 245 Pa. 166
• 91 A. 245
• 1914 Pa. LEXIS 853

Syllabus

<p>Negligence — Railroads—Passengers—Pall from platform — Death —N onsuit.</p> <p>A nonsuit was properly entered in an action to recover damages for the death of plaintiff’s husband, a passenger on defendant’s train, where it appeared that he had fallen from an unenclosed platform of a car upon which he had voluntarily taken his position while the train was in rapid motion and was killed either by the fall or by other passing trains; that the conductor was not informed of his disappearance until the train had gone a considerable distance, and within a minute or two of the time when it reached the next station and immediately made an investigation which disclosed nothing as to the occurrence; that while the train was not stopped for the purpose of searching for the missing passenger, immediate notice was given at the next station; that there were a number of tracks at the point where deceased fell, and that a large number of trains were constantly passing and repassing; and it did not appear that the train could have been stopped immediately upon discovering the accident without imperiling the safety of the other passengers.</p>