Scanlon v. Philadelphia Rapid Transit Co.

Citations

• 208 Pa. 195
• 57 A. 521
• 1904 Pa. LEXIS 727

Syllabus

<p>Negligence — Street raihvays — Alighting from car — Contributory negligence.</p> <p>In an action by a woman against a street railway company to recover damages for personal injuries, it appeared that plaintiff was riding in an open summer car, having a running board along its side. Plaintiff wished to get off at a certain street and while yet some distance from it, she spoke to the conductor and told him so. Whether or not he heard her, was not shown; but he saw her signal, and shortly afterwards stopped the car. This was at a point some distance from the street where plaintiff desired to alight. When the car stopped she stood up and looked at the conductor, and he looked at her. Neither of them spoke, but plaintiff stated that she thought she ought to get off, because the conductor seemed to be waiting for her to do so. Although she knew that the car had not yet reached the street at which she desired to alight, she stepped down on the running board, and attempted to step off backwards from there to the ground. The track was laid at that point near the side of the road which sloped considerably towards the gutter. She found the distance too great for her to touch the ground comfortably with her foot, immediately under the running board, and whether from confusion, or inability to control herself, the result was that she fell. Whether or not she could have safely alighted by stepping across the gutter to the footwalk did not appear. She testified that she did not look right down at the ground as she stepped off. She said, “ I looked over and saw the path, and I thought it was all right.” The accident happened in the early afternoon of a summer day. The car stood perfectly still while plaintiff was alighting, and when she fell, the conductor who was on the rear platform at once stepped down and helped her up. There was no dispute about the facts. Held, that the case was for the court, and that it was error to submit the case to the jury.</p>