Robison v. Pennsylvania Railroad

Citations

• 246 Pa. 577
• 92 A. 746
• 1914 Pa. LEXIS 561

Syllabus

<p>Negligence — Railroads—Duty to passenger — Passenger alighting during stop between stations — Attempt to board moving train— Contributory negligence — Nonsuit.</p> <p>In an action against a railroad company to recover damages for the death of plaintiff’s husband, a nonsuit was properly entered where it appeared that deceased left the train voluntarily when it stopped at a water tank between stations; that a half minute after the signal to start was given and when the train was in motion he attempted to board the front step of the car, and while about to seize the hand rail was warned of the danger by the brakeman, who pushed him away; that he ran after the car and fell while again reaching for the hand rail, but was apparently uninjured; that this was the last seen of him until an hour later when his body was found on the track half a mile from the water tank where he had been struck by another train; that he was familiar with the locality and evidently knew why the train had stopped and where he was, and where there was nothing to indicate that he was in a condition that called for unusual care on the part of the trainmen.</p>