Pildish v. Pittsburgh Railways Co.

Citations

• 61 Pa. Super. 195
• 1915 Pa. Super. LEXIS 296

Syllabus

<p>Negligence — Street railway companies — Passenger—Standing on running sideboard — Contributory negligence — Case for jury.</p> <p>Where a passenger on a summer street car by invitation of the conductor or with his knowledge and assent and from necessity because of the want of sitting or standing room inside the car, rides on the running sideboard of the car, he is entitled to the same degree of diligence to protect him from dangers which are known or may be readily guarded against as are other passengers. The fact that such a passenger has given his seat to a lady and voluntarily takes his place on the running board because there is no room within the car, does not change the rule.</p> <p>In such a case the question of the plaintiff’s contributory negligence is for the jury where there is evidence that the night was dark, that plaintiff had requested the conductor to stop at a certain street, that his request was disregarded, that after the car had passed the street, he turned again to apprise the conductor of his desire to alight, that in the act of turning around to attract the attention of the conductor, his head came in contact with a pole, and that the plaintiff’s knowledge of the situation of the pole was merely that which he had acquired in a casual way by having ridden upon the running board before.</p>