Watters v. Philadelphia, Baltimore & Washington Railroad

Citations

• 239 Pa. 492
• 86 A. 1021
• 1913 Pa. LEXIS 596

Syllabus

<p>Negligence — Railroads—Passengers—Passenger alighting at intermediate station — Case for jury.</p> <p>1. A passenger upon a railroad train, who without objection by the company or its agents, alights at an intermediate station, which is a station for the discharge and reception of passengers, for any usual and reasonable purpose, intending to resume his journey when the train starts, does not forfeit any of his rights as a passenger.</p> <p>2. In an action by a passenger against a railroad company to recover damages for personal injuries it appeared that the plaintiff got off the car in which he was riding when the train was stopped at a water tank in a railroad yard, not a station, and was injured by stepping into an opening between the girders of a bridge upon which the train was standing. The plaintiff testified that when the train left the last station before the accident a trainman announced that the next stop would be a certain station; that when the train stopped he supposed he was at the station; and that while on the platform of the car he saw a light nearby which he supposed was at a station, and because of the darkness he saw nothing to indicate that the station had not been reached. Plaintiffs purpose in leaving tbe car was not disclosed and it did not appear that he did not intend to end his journey at the next station. Held, that the case was for the jury, and binding instructions for the defendant were properly refused.</p>