Sandford v. Hestonville etc. R.
Pennsylvania Court of Common Pleas, Philadelphia County
No. 440 January Term 1889, Sup. Ct.; court below, No. 524 December Term 1887, C. P. No. 4. To the number and term of the court below, John H. Sand-ford, a minor, by his next friend and father, John Sandford, brought trespass against the Hestonville, Mantua and Fair-mount Passenger Railroad Company, filing a statement of claim averring that on October 23, 1887, the plaintiff, about eight years of age, “ was a passenger on a car of defendant company; that said car was running…
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No. 440 January Term 1889, Sup. Ct.; court below, No. 524 December Term 1887, C. P. No. 4. To the number and term of the court below, John H. Sand-ford, a minor, by his next friend and father, John Sandford, brought trespass against the Hestonville, Mantua and Fair-mount Passenger Railroad Company, filing a statement of claim averring that on October 23, 1887, the plaintiff, about eight years of age, “ was a passenger on a car of defendant company; that said car was running along Lancaster Avenue, near Forty-first street; that the defendant, through its agent, the conductor, carelessly and…
1Opinion of the Court
Opinion,
Me. Justice Clank :
In the case of an adult, or of a person reasonably competent to care for himself, it has never been held that the front platform of a crowded street-passenger car is a place of known danger, or that it is an act of negligence per se, either upon part of the company or of the passenger, that the latter is permitted to or does actually occupy that place when the car is in motion. On the contrary, in West Phila. etc. Ry. Co. v. *92Gallagher, 108 Pa. 524, where a boy under fourteen years of age got upon the lower step of the front platform of a crowded street car, and rode…
2Cases cited5 opinions
- Crissey v. Hestonville, Mantua & Fairmount Passenger Railway Co.Supreme Court of Pennsylvania · 1874
- Pittsburg, Allegheny & Manchester Passenger Railway Co. v. CaldwellSupreme Court of Pennsylvania · 1874
- Smith v. O'ConnorSupreme Court of Pennsylvania · 1864
- Philadelphia City Passenger Railway Co. v. HassardSupreme Court of Pennsylvania · 1874
- West Philadelphia Passenger Railway Co. v. GallagherSupreme Court of Pennsylvania · 1885
3Cited by3 opinions
- Kehler v. Schwenk, Pennsylvania Court of Common Pleas, Northumberland County1891
- Lodge v. Pittsburgh & Lake Erie RailroadSupreme Court of Pennsylvania · 1914
- Anderson v. City Railway Co.Oregon Supreme Court · 1903