Weaver v. Pennsylvania Railroad

Citations

• 212 Pa. 632
• 61 A. 1117

Syllabus

<p>• Negligence—Railroads—Passenger—Getting on train—Contributoi'y negligence.</p> <p>In an action against a railroad company to recover damages for personal injuries alleged to have been sustained while getting on a train, where plaintiff’s account of the accident is directly contradicted by the evidence offered by the defendant, the court cannot be convicted of error in saying to the jury that “the care one must take in entering a railroad train must be proportionate to the ordinary risks in such entering, that is, it is the duty of the passenger to use the means provided with reasonable circumspection and care. Where both parties contribute to the accident, it matters not who contributes the more, for the law will not determine which is guilty of the greater fault, but says that in all such cases neither can recoverfrom the other.”</p>