Reber v. Pittsburg & Birmingham Traction Co.

Citations

• 179 Pa. 339
• 36 A. 245
• 1897 Pa. LEXIS 643

Syllabus

<p>Negligence — Electric railway — Crowded car — Biding on platform — Measure of care.</p> <p>The use of electricity as a motive power by passenger railway companies has created new conditions from which new duties arise. The greater speed at which cars are moved increases the danger to passengers and to persons on the streets, and of these dangers all persons must take notice. When there is an invitation or permission to passengers to ride on the rear platform it is the duty of the company to observe a higher degree of care in the running of the oars at points where there is danger that they may be thrown off, and there should be a corresponding increase of care and vigilance upon the part of a passenger who voluntarily assumes such a position of danger.</p> <p>In an action by a passenger against a street railway company to recover damages for personal injuries, it appeared that the plaintiff got on a crowded car of the defendant late at night. There was no room inside the car, and he stood with a number of other passengers on the rear platform. At first he stood between the controller and the brake, facing forward, with his back against the railing of the platform, a comparatively safe position. He was subsequently requested by the conductor to change his position, and he attempted to enter the car, but was unable to do so. He then took a position which the conductor told him to take at the outer edge of the platform near the step, where he stood with his back to the car, holding with his right hand to the iron railing behind him. While standing in this position the electric current was turned off, causing the lights to be extinguished, and the car was allowed to run at a rate of fif* teen or twenty miles an hour down a grade in which there was a sharp curve. When the car struck the curve plaintiff’s hold of the railing was broken, and he was thrown off. Plaintiff was familiar with the locality, and knew of the curve. It appeared that it was the custom of the comp