Shive v. Philadelphia & Reading Railway Co.

Citations

• 235 Pa. 256
• 83 A. 707
• 1912 Pa. LEXIS 536

Syllabus

<p>Negligence — Railroads—Passenger—Contributory negligence— Standing in car.</p> <p>In an action by a passenger against a railroad company to recover damages for personal injuries, a non-suit is properly entered, where the evidence shows that immediately prior to the accident the plaintiff took his stand in the open doorway of a car with his back to the interior of the car and with one hand on the doorjamb and the other holding an umbrella; that the car was crowded beyond its seating capacity, but that the car immediately next to the one in which plaintiff was riding and which he could have entered by stepping across the platform contained no passengers; that shortly after the train started it passed a switch or another track, and the car on which plaintiff was a passenger was jolted, not however to any unusual degree, but nevertheless to a degree sufficient to cause passengers within the car and standing next to the plaintiff to press against him, as a result of which he fell from the car to the ground.</p>