Pennsylvania R. v. Lyons

Citations

• 129 Pa. 113
• 18 A. 759
• 1889 Pa. LEXIS 934

Syllabus

<p>1. In an action against a railroad company for injuries sustained by a passenger while alighting from a train, declarations of the plaintiff as to the cause of his injuries, made immediately after the train had passed and while he still lay upon the platform where he fell, are admissible as part of the res gestee.</p> <p>(a) In such an action, the defendant requested the court to charge that if the jury believed that the train had stopped at the station a sufficient time for the plaintiff to leave the car, and that he did not, but jumped from the train while it was moving, he was guilfy of contributory negligence and could not recover:</p> <p>2. An answer to the foregoing which did not in terms affirm or refuse the point, but substantially denied any effect to a finding by the jury that the train had stopped at the station a sufficient time for the plaintiff to leave the car, and that he jumped from it after it had started, was error.</p> <p>3. When the train, after a stop, was moving when the plaintiff left it, and the testimony on the one side and on the other as to the time of the stop was conflicting, what was a proper and reasonable time was for the jury under all the circumstances of the ease as shown by the evidence.</p> <p>4. To the rule that it is negligence in a passenger to jump from a moving train, there are exceptions; and when the passenger is put in peril by the default or negligence of the company’s employees, or leaves the train when in motion, by their direction, the question of contributory negligence is to be submitted to the jury.</p>