Simpson v. Southern Pennsylvania Traction Co.

Citations

• 260 Pa. 526
• 103 A. 884
• 1918 Pa. LEXIS 560

Syllabus

<p>Negligence — Street railways — ■Connecting lines — Continuous journey — Same car and crew — Carrier and passengers — Implied contract — Collision on second line — Liability of first company— Case for jury.</p> <p>1. In an action against a street railway company to recover for personal injuries sustained by a husband and wife while passengers on a street railway car, by reason of its collision with another car, where the defendant disclaimed liability on the ground that the accident occurred in another state on the lines of a connecting railway and that defendant’s line and charter powers extended only to the state line, the case is for the jury and a verdict for the plaintiff will be sustained where it appeared that both cars were marked with the name of the city at the end of the connecting line in the other state and bore the initials of the defendant company, that the journey was made without change of conveyance or car crew, and there was nothing at the state line to indicate to the traveling public the terminus of either road. ' ■</p> <p>2. When all the facts are considered, only one inference is possible, namely, that, when plaintiffs were accepted as passengers, defendant intended, and at least impliedly agreed, to carry them to their destination.</p> <p>3. Under the facts of this case, an operative agreement between the two companies by which each paid its own expenses pro rata, including the wages of the crews, will not affect the rights of the plaintiffs against defendant. • _</p> <p>4. So far as plaintiffs’ rights are concerned, the employees were either the servants or agents of defendant until the contract of carriage was fulfilled, and for that purpose the' tracks of the other company were, pro hac vice, those of defendant.</p>