Purvis v. Buffalo, Rochester & Pittsburg Railroad

Citations

• 219 Pa. 195
• 68 A. 189
• 1907 Pa. LEXIS 636

Syllabus

<p>Negligence — Railroads—Alighting ¡rom moving train — Contributory negligence — N onsuit.</p> <p>It is negligence per se to get off a moving car or train and to exempt a passenger from this rule on the ground that he was told to get off by an employee of the railroad, it must appear that the direction was in the exercise of some authority or compulsion. Mere advice or direction in the passenger’s carrying out of his own purpose is not enough.</p> <p>Where a person, not a passenger, goes on a train standing at a station with the permission of the trainmen, to locate his wife and daughter in a sleeping car, and as he starts to leave the car, the train moves and the brakeman says to him “hurry up and get off” and in alighting he is thrown under the moving train and injured, he is guilty of contributory negligence, and cannot hold the railroad company liable for his injuries.</p>