Sullivan v. Philadelphia & Reading Railroad
Supreme Court of Pennsylvania
Error to the Common Pleas of Chester county. ■ This was an action on the case, brought by Eugene Sullivan against The Philadelphia and Reading Railroad Company, to recover damages for injuries sustained, whilst a passenger in the defendants’ cars, by the car in which he was seated being thrown from the track, by reason of the negligence of their agents. On the 7th July 1854, the plaintiff took passage in the defendants’ cars, from Philadelphia to Phoenixville.
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Error to the Common Pleas of Chester county. ■ This was an action on the case, brought by Eugene Sullivan against The Philadelphia and Reading Railroad Company, to recover damages for injuries sustained, whilst a passenger in the defendants’ cars, by the car in which he was seated being thrown from the track, by reason of the negligence of their agents. On the 7th July 1854, the plaintiff took passage in the defendants’ cars, from Philadelphia to Phoenixville. When about a quarter of a mile from Phoenixville, upon an embankment, and near the termination of a curve in the road, the engine…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
— When a railroad company undertakes the transportation of a passenger for an agreed price, the contract includes many things.
On the part of the passenger his consent is implied to all the company’s reasonable rules and regulations for entering, occupying, and leaving their cars, and if injury befall him by reason of his disregard of regulations which are necessary to the conduct of the business, the company are not liable in damages even though the negligence of their servants concurred with his own negligence in causing the mischief.
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2Cited by14 opinions
- Pennsylvania R. v. MacKinneySupreme Court of Pennsylvania · 1889
- Shaughnessy v. Director General of RailroadsSupreme Court of Pennsylvania · 1922
- Spear v. P. W. & B. R.Supreme Court of Pennsylvania · 1888
- Palmer v. Warren Street Railway Co.Supreme Court of Pennsylvania · 1903
- Doud v. HinesSupreme Court of Pennsylvania · 1921
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