Raughley v. West Jersey & Seashore Railroad

Citations

• 202 Pa. 43
• 51 A. 597
• 1902 Pa. LEXIS 460

Syllabus

<p>Negligence — Railroads—Passenger—Alighting from car.</p> <p>In an action of trespass for negligence, if the plaintiff shows a good cause of action, the motive which inspires him to bring the suit, is immaterial and is not open to inquiry. The facts that plaintiffs are residents of New Jersey, that the cause of action happened there, and that they had previously brought a suit in the courts of New Jersey for the same cause of action, are immaterial.</p> <p>Where a train has reached its terminus, and is at a standstill, it is the duty of the railroad company to give the passengers sufficient time to alight in safety before removing the train from the station. If the car is jolted or jarred or moved, as a result of an attempt at coupling, the effect is precisely the same as in the more usual case of the starting of a train while the passengers are getting off. Under such circumstances passengers are entitled to reasonable time to leave the ears in safety.</p> <p>If by the coupling of a shifting engine, a car which has come to a standstill is so moved as to cause a passenger who is leaving the car to fall against the brake on the platform, and receive an injury, the duty which the railroad company owes to its passengers is violated.</p> <p>In an action by a passenger against a railroad company to recover damages for personal injuries sustained while alighting from a train, the case is for the jury, and a verdict and judgment for plaintiff will be sustained, where the evidence of the plaintiff and of several witnesses called on her behalf tended to show that when the train reached its terminus and stopped, plaintiff arose from her seat with the other passengers, walked to the front of the car, went out upon the platform, faced to the right to go down the steps, and was in the act of reaching out to take hold of the hand rail with her left hand, when by a heavy jar of the car, caused by a coupling engine, plaintiff was thrown violently forward against the brake wheel a