Wrasse v. Citizens Traction Co.

Citations

• 146 Pa. 417
• 23 A. 345
• 1892 Pa. LEXIS 1242

Syllabus

<p>(а) In an action against a street-railway company for negligence in permitting the plaintiff, a boy of ten years, who was trespassing upon a car, to ride upon the platform thereof, the testimony of the plaintiff as to the permissive character of such riding, amounted at most to a scintilla and was contradicted by all the other including his own witnesses.</p> <p>(б) He testified that a passenger was jolted against him and knocked him off the platform; but the testimony of the only other eye-witness of the accident, called by himself, and also his own declarations made immediately after the accident, were to the- effect that he fell under the wheels of the moving car while voluntarily attempting to jump off backward:</p> <p>1. In such circumstances, to permit the plaintiff to recover was erroneous. The court should have affirmed points praying for instructions that there was no sufficient evidence that the injury to plaintiff was caused by defendant’s negligence, and that the verdict must be for the defendant: Pittsburgh etc. Ry. Co. v. Caldwell, 74 Pa. 421, distinguished.</p>