Sulger v. Philadelphia & Reading Railway Co.

Citations

• 245 Pa. 128
• 91 A. 235
• 1914 Pa. LEXIS 844

Syllabus

<p>Negligence — Railroads—Passenger—Excursion train — Refreshment car — Contributory negligence.</p> <p>In an action against a railroad company to recover damages for the death of plaintiff’s husband, where it appeared that the deceased has been a passenger upon an excursion train of the defendant company, that the train consisted of nine passenger coaches and a baggage car placed in the centre of the train, which was fitted up as a place to get drinks and secure refreshments for the excursionists, that the defendant’s employees knew that the excursionists made use of the baggage car for the purpose intended, and that deceased while passing from one of the passenger cars to the baggage car was thrown from the car and killed by the lurching of the train as it passed around a curve, the case was held to be for the jury and a verdict and judgment for the plaintiff was sustained.</p>