Walthour v. Pennsylvania Railroad

Citations

• 40 Pa. Super. 252
• 1909 Pa. Super. LEXIS 599

Syllabus

<p>Negligence — Railroads—Passenger—Alighting from, train.</p> <p>1. It is the duty of a carrier of passengers not only to exercise the strictest vigilance in receiving and conveying a passenger to his destination, but also to set him down safely at a station at the termination of his journey. On the other hand, the passenger is bound to use reasonable diligence and care in getting off a train.</p> <p>2. In an action brought by a passenger to recover damages for personal injuries alleged to have been caused by the sudden starting of a train before she had reasonable time to complete the act of alighting, evidence offered by the defendant to the effect that the train consisted of six cars, that five or six passengers got off and that from thirty-five to forty-five got on the train while it was standing, is not a sufficient basis for asking the court to instruct the jury that if the train “stopped long enough to allow other passengers to get on and off the train in safety, and that while it was so stopped other passengers actually did get off and a number of other passengers actually did get on, then it follows that it stopped long enough for the plaintiff to get off, and the verdict must be for the defendant.”</p> <p>3. A passenger who purchases a ticket for a particular station, intending to get off there, may change his mind, and get off at an intermediate station if it be a regular stopping place for the train, and he is entitled to a reasonable time to do so; and it is immaterial if the agent of the company sold the passenger a ticket to some other station than that which he called for and to which he was going.</p>