Paynter v. Atlantic City Railroad

Citations

• 62 Pa. Super. 455
• 1916 Pa. Super. LEXIS 449

Syllabus

<p>Negligence — Railroads—Passenger—Sitting with arm on sill of open window■ — -Contributory negligence — Presumption of negligence.</p> <p>A passenger on a railroad train seated next to an open window, who extends her arm beyond the sill of the open window so far that her elbow is struck and held under the window when it falls by reason of a defective catch, is not guilty of contributory negligence.</p> <p>In such a case the happening of the accident raises a presumption of negligence on part of the railroad company.</p>