Mann v. Philadelphia Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 142, Jan. T., 1896, by plaintiff, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1894, No. 830, refusing to take off nonsuit. Trespass for death of plaintiff’s husband. Before Biddle, J. At the trial it appeared that in April, 1894, Philip M. Mann was the only passenger upon one of the defendant’s horse cars, which was being driven west on Master street; one man being both driver and conductor.
Read the full summary
Appeal, No. 142, Jan. T., 1896, by plaintiff, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1894, No. 830, refusing to take off nonsuit. Trespass for death of plaintiff’s husband. Before Biddle, J. At the trial it appeared that in April, 1894, Philip M. Mann was the only passenger upon one of the defendant’s horse cars, which was being driven west on Master street; one man being both driver and conductor. Without any invitation upon the part of' the driver the deceased went upon the front platform and took the driver’s seat, a high stool, narrow at the base, without arms or other…
1Opinion of the Court
Per, Curiam,
The learned judge of the court below was entirely right in directing a nonsuit in this case and for .the very reason stated by him. There was literally no excuse for the deceased taking the driver’s seat on the front platform and exposing himself to the risks of such a position. The car was empty and it was the clear duty of the passenger to take his seat on the inside. He was not obliged to go on the front platform for want of room inside, nor was he there by invitation of the driver. The danger was increased by his occupying the driver’s stool, which was high and with no arms or…
2Cited by4 opinions
- Thane v. Scranton Traction Co.Supreme Court of Pennsylvania · 1899
- Bumbear v. United Traction Co.Supreme Court of Pennsylvania · 1901
- Bridges v. Jackson Electric Railway, Light, & Power Co.Mississippi Supreme Court · 1905
- Thayne v. Scranton Traction Co.Superior Court of Pennsylvania · 1898