Paynter v. Atlantic City Railroad
Superior Court of Pennsylvania
Appeal, No. 210, Oct, T., 1915, by defendant, from judgment of C. P. No. 1, Philadelphia Co., June T., 1913, No. 4608, on verdict for plaintiff in case of Annie M. Paynter v. Atlantic City Railroad Company. Trespass to recover damages for personal injuries. Before Shoemaker, J. ... At the trial it appeared that the plaintiff was injured on May 30, 1913, while a passenger on one of plaintiff’s trains.
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Appeal, No. 210, Oct, T., 1915, by defendant, from judgment of C. P. No. 1, Philadelphia Co., June T., 1913, No. 4608, on verdict for plaintiff in case of Annie M. Paynter v. Atlantic City Railroad Company. Trespass to recover damages for personal injuries. Before Shoemaker, J. ... At the trial it appeared that the plaintiff was injured on May 30, 1913, while a passenger on one of plaintiff’s trains. The evidence showed that she sat next to an open window, and that after she had placed her elbow on the sill of the window, the window fell by reason of a defective catch, and plaintiff was…
1Opinion of the Court
Opinion by
Trexler, J.,
The question involved is whether a passenger on a railroad train, seated next to an open window, who extended her arm beyond the sill of the open window so far that her elbow was struck and held under the window when it fell by reason of a defective catch, was guilty of contributory negligence.
Pittsburgh & C. R. R. Co. v. McClurg, 56 Pa. 294, ruled absolutely the proposition that “where a traveler puts his elbow or arm out of the window voluntarily, without any qualifying circumstances impelling him to it, it is negligence in se.” “On the question as to the effect of the…
2Cases cited6 opinions
- Carrico v. W. Va. Cent. & Pa. R'y. Co.West Virginia Supreme Court · 1891
- Thomas v. Phila. & Reading R. R.Supreme Court of Pennsylvania · 1892
- Meier v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1870
- Fern v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1915
- Pittsburg & Connellsville Railroad v. McClurgSupreme Court of Pennsylvania · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Nebel v. BurrelliSupreme Court of Pennsylvania · 1945