Pitcher v. People's Street Railway Co.

Citations

• 174 Pa. 402
• 34 A. 567
• 1896 Pa. LEXIS 896

Syllabus

<p>Negligence — Street railways — Passenger—Getting on front platform.</p> <p>Where a child between seven and eight years of age attempts to get upon the front platform of a street car when the car has stopped to let off a passenger, but neglects in any way to announce his intention to become a passenger, or to signal to the driver or conductor who did not see him, and he is injured by the starting of the car in its ordinary course, there can be no recovery of damages from the railway company: Pitcher v. People’s Ry. Co., 154 Pa. 560, followed.</p> <p>In such a ease it is immaterial that the conductor could have seen the boy if he had looked; and it is also immaterial that the car was without a fender.</p>