Wood v. Chester Traction Co.

Citations

• 36 Pa. Super. 483
• 1908 Pa. Super. LEXIS 193

Syllabus

<p>Negligence — Street railways — Passenger—Summer car — Standing on running board — Collision with wagon — Speed—Contributory negligence— Assumption of risk.</p> <p>A passenger who rides on a side step of a summer car when it is reasonably practicable for him to go inside the car, assumes all the risks of his position, and in all cases he assumes the risk incident to the usual swaying and jolting of the car and from collision with passing vehicles and obstructions of whatever nature which unexpectedly appear. These are dangers which cannot be guarded against by the careful and prudent management of the car.</p> <p>In an action by a passenger against a street railway company to recover damages for personal injuries, it appeared that plaintiff boarded a summer car, and being unable to enter on account of the crowd, stood on the running board next to the roadway. This was a smooth macadam road of a width of twenty feet, exclusive of the track, which was on one side. When the car reached the top of a hill and began a rapid descent, there was in plain view at a distance of from 400 to 600 feet an approaching wagon, drawn by one horse. At no time after the wagon came into view was it or any part of it on the track, but it was moving parallel with the track at a distance of from two to four feet therefrom. When it had come within a short distance of the wagon, the driver turned his horse’s head away from the car towards the center of the road, and began to move in that direction, when suddenly the horse balked and backed the rear wheel of the wagon into the side of the car then passing, thus injuring the plaintiff. Held, that plaintiff was not entitled to recover.</p>