Powell v. Philadelphia & Reading Railway Co.

Citations

• 220 Pa. 638
• 70 A. 268
• 1908 Pa. LEXIS 831

Syllabus

<p>Negligence — Railroads—Passenger—Station.</p> <p>The relation of carrier and passenger begins as soon as one intending in good faith to become a passenger enters in a lawful manner upon the carrier’s premises to engage passage, and that relation continues to exist until the passenger has been made aware of his arrival at the place of destination and has had a reasonable time to alight from the car and to leave the premises of the carrier.</p> <p>Where a passenger after alighting from a train crosses the tracks from a station on one side of the line to a station on the other- side where she intends to meet a friend waiting for her, and in so doing she is compelled to go over a crossing of a highway, she does not cease to be a passenger merely because she has passed over such highway.</p> <p>Where a passenger after alighting from a train enters the station for the purpose of waiting for a friend who was to meet her, and not for the purpose of using the station as a waiting room for a street railway company, she is entitled to use the station as a passenger for a reasonable time, and what is a reasonable time is a question of fact to be determined by the jury; and if after leaving the station she is compelled to walk along an insufficiently lighted path, torn up and obstructed, and very close to the tracks, and she is injured by a passing express train, she may recover for the injuries which she sustained if she used reasonable care to avoid danger. In such a case the company’s negligence, and the plaintiff’s contributory negligence are questions for the jury.</p>