Rathgebe v. Pennsylvania Railroad

Citations

• 179 Pa. 31
• 36 A. 160
• 1897 Pa. LEXIS 597

Syllabus

<p>Negligence — Railroads—Construction of station platform, — Accumulation of ice — Contributory negligence.</p> <p>In an action by a passenger against a railroad company to recover damages for personal injuries, the question of the defendant’s negligence and plaintiff’s contributory negligence is for the jury where the evidence tends to show that the plaintiff fell on a slope ten or twelve inches high, extending from the station platform to the track platform, and that ice and snow had been permitted to accumulate thereon. In such a case the fact that plaintiff’s husband “ cautioned her to be careful as the platform was slippery,” and “ she answered that she would be car'eful ” was not a confession of carelessness, or that there was a better route from the waiting room to the train.</p> <p>Evidence — Withdrawal of incompetent evidence — Practice, C. P.</p> <p>The admission of incompetent evidence, and the subsequent withdrawal of it before argument, furnishes in itself no ground for continuance or for reversing the judgment.</p>