Paterson v. Philadelphia Rapid Transit Co.
Supreme Court of Pennsylvania
Appeal, No. 118, Jan. T., 1907, by plaintiff, from judgment of O. P. No. é, Phila. Co., June T., 1906, No. 2,518, on verdict for defendant in case of Dugald S. Paterson v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries. At the trial Audenreid, J., in giving binding instructions for defendant, described the accident as follows: The plaintiff was a passenger in one of the defendant’s cars. He was riding inside of it.
Read the full summary
Appeal, No. 118, Jan. T., 1907, by plaintiff, from judgment of O. P. No. é, Phila. Co., June T., 1906, No. 2,518, on verdict for defendant in case of Dugald S. Paterson v. Philadelphia Rapid Transit Company. Trespass to recover damages for personal injuries. At the trial Audenreid, J., in giving binding instructions for defendant, described the accident as follows: The plaintiff was a passenger in one of the defendant’s cars. He was riding inside of it. It is true that he had no seat, but he was standing inside of the body of. the car in a position of safety. When the car reached a certain…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
When one chooses to ride upon the platform of a car rather than wait for a car in which he can be accommodated, if not with a seat, with standing room at least inside, and is injured in consequence, the law does not concern itself to inquire as to the considerations which influenced his choice. Whether serious or trivial, the result is the same. The platform is a known place of' danger, and one voluntarily there assumes the risk. Por the exigency which determines him to take the risk rather than delay for another car, the company is not responsible. In this case…
2Cited by4 opinions
- Renney v. Webster, Monessen, Bellevernon & Fayette City Street Railway Co.Superior Court of Pennsylvania · 1912
- Miller v. P. H. B. & N. C. Rys. Co.Superior Court of Pennsylvania · 1931
- Murphy v. Altoona & Logan Valley Electric Rwy. Co.Superior Court of Pennsylvania · 1923
- Pildish v. Pittsburgh Railways Co.Superior Court of Pennsylvania · 1915