Victor v. Pennsylvania R. R.
Supreme Court of Pennsylvania
Appeal, No. 15, July T., 1894, by plaintiff, from judgment of C. P. Fayette Co., March T., 1892, No. 417, on verdict for defendant. Trespass for personal injuries. The facts appear by the opinion of the Supreme Court. The court gave binding instructions for defendant. Verdict and judgment for defendant. Plaintiff appealed. Error assigned was above instruction.
1Opinion of the Court
Opinion by
Mb. Justice Feel,
It may be stated as a general proposition that it is negligence on the part of a passenger to alight from a moving train: P. R. R. Co. v. Aspell, 23 Pa. 147; McClintock v. R. R. Co., 21 W. N. C. 133. To this rule there are well recognized exceptions, as where the passenger leaves the train by direction of the company’s agents, or is placed in peril through their neglect, or is in the act of alighting and cannot retrace his steps, and others in which the question of negligence is to be determined by the jury: Johnson v. W. C. & P. R. R., 70 Pa. 357 Pa. R. R. Co. v.…
2Cases cited4 opinions
- Railroad Co. v. AspellSupreme Court of Pennsylvania · 1854
- Pennsylvania Railroad v. WhiteSupreme Court of Pennsylvania · 1879
- Pennsylvania R. v. LyonsSupreme Court of Pennsylvania · 1889
- Johnson v. West Chester & Philadelphia RailroadSupreme Court of Pennsylvania · 1872
3Cited by3 opinions
- Dougherty v. DavisSuperior Court of Pennsylvania · 1912
- Margo v. Pennsylvania Railroad Co.Supreme Court of Pennsylvania · 1906
- Neff v. Harrisburg Traction Co.Supreme Court of Pennsylvania · 1899