Paterson v. Philadelphia Rapid Transit Co.

Citations

• 218 Pa. 359
• 67 A. 616
• 1907 Pa. LEXIS 524

Syllabus

<p>Negligence — Street railways — Standing on platform — Presumption— Evidence.</p> <p>When one chooses to ride upon the platform of a car rather than wait for a car in which he can be accommodated, if not with a seat, with standing room at least inside, and is injured in consequence, the law does not concern itself to inquire as to the consideration which influenced his choice. Thus where a man standing in a crowded car gives his place to a woman, and takes his stand on the front platform of the car, and is injured while there, he forfeits the advantage of the presumption, which the law raises in favor of one injured while riding in the car, that the accident resulted from the negligence of the company.</p>