Windle v. Davis

Citations

• 275 Pa. 23
• 118 A. 503
• 1922 Pa. LEXIS 446

Syllabus

<p>Negligence — Railroads—Passenger—Alighting at station — Moving locomotive — Contradiction of testimony — Number of witnesses.</p> <p>1. In accident cases, the trial judge should give careful instructions on the testimony, and in doing so should deal with the number of witnesses on each side, their respective interests, opportunities for observation, and such other matters as affect the weight of the evidence.</p> <p>2. The status of a passenger alighting on a platform at a station continues as such until he has left the platform, or had a reasonable opportunity to do so; ánd as such he is not required to. exercise, with reference to the tracks, as high a degree of care as a pedestrian at a grade crossing.</p> <p>3. Where a passenger alighting from a train and walking along a platform is struck by the overhang of a moving train, he cannot be charged with negligence as a matter of law where the evidence shows that the platform was congested by the traffic, and that he was jostled or crowded toward the track</p> <p>4. There is no rule requiring a railroad company to detain its passenger trains at a station the same length of time on every occasion, and the mere failure to do so is not evidence of negligence.</p> <p>Negligence — Damages—Present worth of future damages — Interest.</p> <p>5. A jury must compute damages according to law, not merely to their own satisfaction.</p> <p>6. When passing upon the question of future damages, the jury can allow, as the present worth, such sum only as put at simple interest will, with the accumulations of interest, amount to such damages at the time or times in the future when the jury find from the evidence they will be sustained.</p> <p>7. In such case the interest must be computed at the legal rate of six per cent.</p> <p>Negligence — Parties—Mother of minor — Widow married again— Act of May 5, 1911, P. L. 177.</p> <p>8. In an action by a minor for personal injuries, the widowed mother who has remarried may be joined as a part