Pildish v. Pittsburgh Railways Co.
Superior Court of Pennsylvania
Appeal, No. 34, April T., 1915, by defendant, from judgment of O. P. Allegheny Co., Jan. T., 1913, No. 1126, on verdict for plaintiff in case of Jacob Pildish v. Pittsburgh Railways Company. Trespass to recover damages for personal injuries. The facts were stated by Macfarlane, J., to be as follows: “Plaintiff was a passenger on a summer car which he boarded at Kennywood Park where he had a seat.
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Appeal, No. 34, April T., 1915, by defendant, from judgment of O. P. Allegheny Co., Jan. T., 1913, No. 1126, on verdict for plaintiff in case of Jacob Pildish v. Pittsburgh Railways Company. Trespass to recover damages for personal injuries. The facts were stated by Macfarlane, J., to be as follows: “Plaintiff was a passenger on a summer car which he boarded at Kennywood Park where he had a seat. At Duquesne he gave up his seat to a lady and took a position on the running board because there was no other place for him, the car being crowded. Whether there was standing room before he reached…
1Opinion of the Court
Opinion by
Tkexlek, J.,
“A passenger who rides on a side step of a street car when it is reasonably practicable for him to go inside the car, assumes all the risks of his position and in all *198cases lie assumes the risk incident to the usual swaying and jolting of the car and from collision from passing vehicles and with obstructions of whatever nature which unexpectedly appear. These are dangers which cannot be* guarded against by the careful and prudent management of the car. But when the passenger by invitation of the conductor or with his knowledge and assent and from necessity because of the…
2Cases cited5 opinions
- Bumbear v. United Traction Co.Supreme Court of Pennsylvania · 1901
- Burns v. Johnstown Passenger Railway Co.Supreme Court of Pennsylvania · 1906
- Paterson v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1907
- Renney v. Webster, Monessen, Bellevernon & Fayette City Street Railway Co.Superior Court of Pennsylvania · 1912
- Simkins v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1914
3Cited by1 opinion
- Miller v. P. H. B. & N. C. Rys. Co.Superior Court of Pennsylvania · 1931