Pennsylvania Co. v. Paul

Citations

• 126 F. 157
• 14 Ohio F. Dec. 241
• 1903 U.S. App. LEXIS 4298

Syllabus

<p>1. Carriers of Passengers — Injuries to Passenger — Biding on Car Platform — Contributory Negligence.</p> <p>Biding on a platform of an overcrowded railroad car is not negligence per se, and where the passenger’s ticket was good only for a certain train, and the evidence was conflicting as to whether the railroad company provided sufficient train sections and sufficient carriages for the accommodation of the crowd, the question of contributory negligence in riding on the platform was properly submitted to the jury.</p> <p>2. Same — Instructions—Proximate Cause.</p> <p>Where, in an instruction in an action by a passenger for injuries, the court states that the negligence relied on is that at a certain point there was a sudden jerk or lurch imparted to the train, sufficient to throw the passenger therefrom, it is not necessary to add, “thus causing the injury.”</p> <p>3. Same — Amount of Becovery.</p> <p>Where, in an action for death, the court states that under the statute of Ohio an administrator may recover up to the amount of $10,000, and then, after describing the elements of damage which may be considered, instructs that, if the jury find for plaintiff, their verdict should be “in the amount as I have indicated to you,” and in summing up this part of the charge adds that the jury should find “an amount that will make good the widow and next of kin for the pecuniary loss that they have suffered,” etc., the instruction is not objectionable as requiring a verdict for $10,000.</p> <p>If 1. Injuries to railroad passengers while occupying positions other than regular seats, see note to St Louis, I. M. & S. Ry. Co. v. Leftwich, 54 C. C. A. 4.</p> <p>See Carriers, vol. 9, Cent. Dig. § 1377.</p>