Tilburg v. Northern Central Railway Co.

Citations

• 217 Pa. 618
• 66 A. 846
• 1907 Pa. LEXIS 768

Syllabus

<p>Negligence — Railroads—Passenger—Ejectment of passenger from train —Nonsuit.</p> <p>The servants of a carrier should not expel a passenger at a time or place which is dangerous, and the carrier will be liable in such a case not only for injuries directly suffered in connection with such expulsion, but also for subsequent injuries proximately due thereto, such as injury from other trains which the ejected person could not reasonably avoid, the probable consequences of improper exposure, and the like.</p> <p>• A passenger who had purchased a ticket was unable to find it on his person when the conductor demanded it. Two persons stated to the conductor that they saw the ticket purchased. The conductor subsequently made a second demand for the ticket, and when the passenger’s destination was reached he prevented him from leaving the train, demanding either the ticket or the fare. When this was refused he carried the passenger to the next station, which was a flag station, where he ejected him, shoving him from the train. The night was dark and stormy and the station and its neighborhood was unknown to the passenger. He started to walk back along the railroad to the station of his destination. He was not afterwards seen alive. His body was found with marks on it, indicating that he had been struck and killed by a locomotive. Held, that it was error to enter a nonsuit.</p>