Perry v. Pennsylvania Railroad

Citations

• 41 Pa. Super. 591
• 1910 Pa. Super. LEXIS 273

Syllabus

<p>Railroads — Carriers—Passenger—Ejection of passenger — Dining-car waiter — False arrest. '</p> <p>1. It is a reasonable regulation of a railroad company that passengers shall not ride in a dining car during such portions of the route as the car is not in actual service for meals.</p> <p>2. Where a waiter in a dining car is discharged en route he may ride in a coach upon payment of his fare to the end of his run, but he has no right to insist upon riding in the dining car after the car has been closed to passengers generally at a station; and if he defiantly persists in doing so after he has received sufficient notice to change his clothing, creates a disturbance, and delays the train he may be put off the car with such force as is necessary by the police at the direction of the company’s employees, and if he persists in his disorder on the platform in the presence of the police, and the police arrest him upon a charge of disorderly conduct, the company will not be liable either for his ejection from the car, or his subsequent arrest.</p> <p>3. If it be assumed in such a case that the officers of the railroad company made the police officers of the city the servants of the company, for whose acts the company would be liable by calling them to remove the plaintiff from the car, still the plaintiff would not be entitled to go to the jury upon this question, if it appeared that a conviction for disorderly conduct followed, and that this conviction was unappealed from and unreversed.</p>