Stevenson v. Pittsburg, Cincinnati, Chicago & St. Louis Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 179, Oct. T., 1907, by plaintiff, from judgment of C. P. No. 1, Allegheny Co., June Term, 1904, No. 134, on verdict for defendant in case of William E. Stevenson v. Pittsburg, Cincinnati, Chicago & St. Louis Railway Company. Trespass to recover damages for personal injuries.
Read the full summary
Appeal, No. 179, Oct. T., 1907, by plaintiff, from judgment of C. P. No. 1, Allegheny Co., June Term, 1904, No. 134, on verdict for defendant in case of William E. Stevenson v. Pittsburg, Cincinnati, Chicago & St. Louis Railway Company. Trespass to recover damages for personal injuries. At the trial the court gave binding instructions for defendant, charging in part as follows: The point that I think is a bar to the plaintiff’s case is this: He admits that when he reached the top of this stairway he saw that it was very icy; he recognized the danger, and on account of that danger took hold of…
1Opinion of the Court
Per Curiam,
The plaintiff, coming to the stairway leading to tho station, found a hand rail plainly intended for the convenience and safety of persons descending. He recognized the purpose and the usefulness of the rail by taking hold of it at first, but then, finding his glove caught in some projecting points or knobs on the rail, he let go of it and took the middle of the steps although he knew they were slippery with ice. Thus, to avoid what was, at most, an inconvenience, he voluntarily encountered a manifest danger. He thus took upon himself the risk.
Judgment affirmed.
2Cited by9 opinions
- Staller v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1940
- Levitt v. B/G Sandwich Shops, Inc.Supreme Court of Pennsylvania · 1928
- Milburn v. Knights of Columbus Home Ass'nSuperior Court of Pennsylvania · 1950
- Acton v. Pennsylvania-Reading Seashore LinesSuperior Court of Pennsylvania · 1939
- Ward v. Horn & Hardart Baking Co.Superior Court of Pennsylvania · 1948
4 more not listed; retrieve them via the Exa API.