Gaffney v. Union Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 87, Jan. T., 1904, by plaintiff, from order of C. P. No. 3, Phila. Co., March T., 1902, No. 917, refusing to take off nonsuit in case of Thomas Gaffney v. Union Traction Company. Trespass to recover damages for personal injuries. Before McMichael, J. At the trial it appeared that on February 12,1902, plaintiff boarded a car on Chelton avenue in the city of Philadelphia, and rode on the back platform, although there was room inside the car.
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Appeal, No. 87, Jan. T., 1904, by plaintiff, from order of C. P. No. 3, Phila. Co., March T., 1902, No. 917, refusing to take off nonsuit in case of Thomas Gaffney v. Union Traction Company. Trespass to recover damages for personal injuries. Before McMichael, J. At the trial it appeared that on February 12,1902, plaintiff boarded a car on Chelton avenue in the city of Philadelphia, and rode on the back platform, although there was room inside the car. As the car approached Devon street, the plaintiff stepped down on the lower step of the ear and was thrown off by a sudden jerk. The court…
1Opinion of the Court
Per Curiam,
How far a passenger on a street car may carry his preparation to alight when the car is approaching his destination depends so entirely on the exact circumstances that a discussion would be useless in a case like the present, where the facts put the plaintiff outside of any possible rule of justification. He *92was riding on the back platform, though his own testimony-shows that there was available room inside. This in itself was negligence as a matter of law : Thane v. Scranton Traction Co., 191 Pa. 249.
But further, as the car was approaching his destination and he had told the…
2Cases cited2 opinions
- Thane v. Scranton Traction Co.Supreme Court of Pennsylvania · 1899
- Bainbridge v. Union Traction Co.Supreme Court of Pennsylvania · 1903
3Cited by3 opinions
- Hull v. BowersSupreme Court of Pennsylvania · 1922
- McDade v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1906
- Druzepski v. People's Street Railway Co.Superior Court of Pennsylvania · 1906