Pittsb. C. & St. L. Ry. Co. v. Lyon

Citations

• 123 Pa. 140
• 16 A. 607
• 1889 Pa. LEXIS 638

Syllabus

<p>When the reasonableness or unreasonableness of a rule of a railroad company depends upon the existence of particular facts and circumstances, it is a question for the jury, under proper instructions; but if the facts are undisputed the question is a proper one for the court.</p> <p>2. A regulation of a railroad company under which the sale of a ticket to any regular stopping station of the train is refused, or under which, if a through ticket is accepted, the right of the passenger to alight and remove his baggage at any such station is denied, is unreasonable and void.</p> <p>3. Any regulation that deprives a passenger of the right to stop and receive his baggage at any regular station or stopping place of the train on which he may be traveling, is necessarily arbitrary, unreasonable and illegal.</p> <p>4. In torts that are committed through mistake, ignorance, or mere negligence, the measure of damages is compensation; but in such as are committed wilfully, maliciously, or so negligently as to indicate a wanton disregard of the rights of others, vindictive or exemplary damages may be awarded.</p> <p>5. While natural persons may do with themselves and their property whatever is not forbidden, artificial persons cannot rightfully do anything that is not expressly or by necessary implication permitted by the law of their being: per Mr. Justice Steerett.</p>