Boulfrois v. United Traction Co.
Supreme Court of Pennsylvania
Appeals, Nos. 49 and 50, Oct. T., 1904, by defendant, from judgment of C. P. No. 3, Allegheny Co., Noy. T., 1901, No. 275, on verdict for plaintiff in case of Armand Boulfrois, Sr., and Armand Boulfrois, Jr., by his next friend, Armand Boulfrois, Sr., v. United Traction Company. r Trespass to recover damages for personal injuries.
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Appeals, Nos. 49 and 50, Oct. T., 1904, by defendant, from judgment of C. P. No. 3, Allegheny Co., Noy. T., 1901, No. 275, on verdict for plaintiff in case of Armand Boulfrois, Sr., and Armand Boulfrois, Jr., by his next friend, Armand Boulfrois, Sr., v. United Traction Company. r Trespass to recover damages for personal injuries. Before Kennedy, P. J. At the trial it appeared that Armand Boulfrois, Jr., was injured while in the act of getting on a moving electric summer car. Plaintiff claimed that he had actually reached the running board of the car when he was immediately thrown therefrom…
1Opinion of the Court
Opinion by
Mb. Justice Dean,
We desire it to be distinctly understood that in Powelson, v. United Traction Co., 204 Pa. 474 ; Hunterson v. Traction Co., 205 Pa. 568 and Bainbridge v. Traction Co., 206 Pa. 71, we had no intention of relaxing the well-established rule, “ That to get on or off a moving car, whether propelled by steam or electricity, is negligence per se in him who attempts it.” To this rule, as in all rules, we further said there are some rare exceptions, as in Johnson v. West Chester, etc., Railroad Co., 70 Pa. 357, and Penna. Railroad Co. v. Peters, 116 Pa. 206, and a very few…
2Cases cited5 opinions
- Pennsylvania R. v. PetersSupreme Court of Pennsylvania · 1887
- Johnson v. West Chester & Philadelphia RailroadSupreme Court of Pennsylvania · 1872
- Bainbridge v. Union Traction Co.Supreme Court of Pennsylvania · 1903
- Powelson v. United Traction Co.Supreme Court of Pennsylvania · 1903
- Hunterson v. Union Traction Co.Supreme Court of Pennsylvania · 1903
3Cited by8 opinions
- McFadden v. Pennzoil CompanySupreme Court of Pennsylvania · 1941
- Scheer v. MelvilleSupreme Court of Pennsylvania · 1924
- Wright v. Sioux Falls Traction SystemSouth Dakota Supreme Court · 1911
- Goodhart v. Columbia & Montour Electric Railway Co.Superior Court of Pennsylvania · 1908
- O'Daniel v. Pennsylvania R.District Court, E.D. Pennsylvania · 1946
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