Kitler v. People's Street Railway Co.
Superior Court of Pennsylvania
Appeal, No. 24, Jan. T., 1905, by defendant, from judgment of C. P. Luzerne Co., Oct. T. 1902, No. 1040, on verdict for plaintiff in case of Joseph Kitler v. People’s Street Railway .Company of Nanticoke and Newport. Trespass for personal injuries. Before Halsey, J. At the trial it appeared that plaintiff was injured on September 17,1901, while alighting from one of defendant’s cars.
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Appeal, No. 24, Jan. T., 1905, by defendant, from judgment of C. P. Luzerne Co., Oct. T. 1902, No. 1040, on verdict for plaintiff in case of Joseph Kitler v. People’s Street Railway .Company of Nanticoke and Newport. Trespass for personal injuries. Before Halsey, J. At the trial it appeared that plaintiff was injured on September 17,1901, while alighting from one of defendant’s cars. He testified that the car had come to a full stop, and started suddenly before he had completely alighted. His testimony was contradicted by several witnesses for defendant. Defendant presented these points : •…
1Opinion of the Court
Opinion by
Smith, J.,
To alight from a moving car is negligence per se, unless the act is warranted by exceptional circumstances, none of which appear in the case before us. This rule is so firmly settled by repeated decisions that reference to authorities in its support is unnecessary. On an allegation of this form of negligence, the only question presented is with respect to the fact of its existence. •
Whatever might be our view of the present case, were we charged with the duty of deciding on the credibility of witnesses and the weight of evidence when the testimony is conflicting, the…
2Cases cited12 opinions
- Holden v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1895
- Kohler v. Pennsylvania R.Supreme Court of Pennsylvania · 1890
- Maher v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1897
- Holland v. KindreganSupreme Court of Pennsylvania · 1893
- Todd v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1902
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3Cited by2 opinions
- Ackley v. Bradford TownshipSuperior Court of Pennsylvania · 1907
- Becker v. Buffalo & Lake Erie Traction Co.Superior Court of Pennsylvania · 1912