Toy v. International Mercantile Marine Co.

Citations

• 61 Pa. Super. 499
• 1915 Pa. Super. LEXIS 359

Syllabus

<p>Negligence — Passenger on ship — Bailed off portion of deck — Contributory negligence.</p> <p>Under the facts as found by the court where a passenger on a ship enters within a railed off portion of the deck, and in play steps •backward into an unguarded hole through which a mast of the ship projected, and is injured, she is guilty of contributory negligence as a matter of law, and cannot recover from the owner of tbe ship for her injuries, and this is the case although she had never seen the hole before, and did not know it was there, and although passengers had been permitted to use the space.</p> <p>Trexler and Kephart, JJ\\, dissented.</p>