Smith v. Easton Transit Co.

Citations

• 167 Pa. 209
• 31 A. 557
• 1895 Pa. LEXIS 878

Syllabus

<p>Negligence— Contributory negligence — Street railways — Passenger alighting from car.</p> <p>In an action by a passenger against a street railway company to recover damages for personal injuries, the question of defendant’s negligence and plaintiff’s contributory negligence is for the jury, where the testimony on behalf of the plaintiff, though contradicted, shows that the car in which plaintiff was riding stopped at a point where passengers were transferred to another line which plaintiff wished to take, and that, gathering up some tools which he had with him, he started to leave the car; that he had reached the footboard of the car and was about to step off when the car started; that he said to the conductor, “ I am not going out this street,” and that the conductor then rang the bell to stop the car, when the plaintiff by a jolt or jerk was thrown off the car and injured.</p>