Thayne v. Scranton Traction Co.
Superior Court of Pennsylvania
Appeal, No. 26, Jan. T., 1898, by-defendant, from judgment of C. P. Lackawanna Co., Sept. T., 1896, No. 930, on verdict for plaintiff. Smith and Orlady, JJ., dissent. Trespass. Before Searle, P. J., of the 34th judicial district, specially presiding. The facts sufficiently appear in the opinion of the court. Verdict and judgment for plaintiff for $850. Defendant appealed. Error assigned among others was refusal of binding instructions for defendant.
1DissentSmith, J.
Whatever may be held with respect to a car operated by steam power, the courts of this state have never decided that it was negligence per se for a passenger to ride on the platform of a street car propelled by animal power, cable or electricity, while there are repeated decisions that it is not negligence per se to ride on the platform of a horse car. As to cable and electric cars, the platform is not recognized by the public in general as a place of peculiar danger, at least to male adults, and it is a fact of common knowledge that multitudes ride there, often from preference, with perfect…
2Cases cited11 opinions
- Herr v. City of LebanonSupreme Court of Pennsylvania · 1892
- Callahan v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1898
- Thirteenth & Fifteenth Street Passenger Railway v. BoudrouSupreme Court of Pennsylvania · 1880
- Omslaer v. Pittsburg & Birmingham Traction Co.Supreme Court of Pennsylvania · 1895
- Bard v. Pennsylvania Traction Co.Supreme Court of Pennsylvania · 1896
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