Philadelphia & Reading Railroad v. Edelstein

Citations

• 1 Monag. 205
• 16 A. 847
• 1889 Pa. LEXIS 1301

Syllabus

<p>In an action for damages for personal injuries caused by the alleged negligence of the defendant, a railroad, the plaintiff testified that, on a dark night, he entered a passenger train of defendant, taking the front oar and occupying a seat near the front door; and that after the train left G-lenside, some one called out “ The next station is Jenkintownthat the train then went on, and afterward came to a stop, and that some one out of the baggage-car, a person dressed like a conductor, called out11 Jenkintown;” that he then alighted from the train at the front platform, and while in the act of stepping down, placing one foot upon the ground and then stepping with the other foot, he fell down through a bridge. He further testified that he went out of the ear in a great hurry, that he “ rushed out of the door and off the steps; and did not see the station or any lights.” He also testified that he had only been to Jenkintown once before, and that in the daytime. The defendant offered evidence to prove that the train was stopped before reaching the station on account of an accident to another train and that passengers were told to remain seated. The court submitted the question of negligence and of contributory negligence to the jury, charging that it was for the jury to determine whether it was contributory negligence for the plaintiff to step off the platform on a dark night without seeing that there was a station there. Held not to he error.</p>