Bumbear v. United Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 147, Oct. T., 1900, oy plaintiff, from order of O. P. No. 2, Allegheny Co., Jan. T., 1899, No. 522, refusing to take off nonsuit in case of Andrew Bumbear, Jr., by his father and next friend, Andrew Bumbear v. The United Traction Company. Trespass to recover damages for personal injuries.
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Appeal, No. 147, Oct. T., 1900, oy plaintiff, from order of O. P. No. 2, Allegheny Co., Jan. T., 1899, No. 522, refusing to take off nonsuit in case of Andrew Bumbear, Jr., by his father and next friend, Andrew Bumbear v. The United Traction Company. Trespass to recover damages for personal injuries. Before White, P. J. At the trial it appeared that plaintiff, a boy about fifteen years old, was injured on July 11, 1898, while riding on the side step of one of defendant’s electric cars. The circumstances of the accident are set out at length in the opinion of the Supreme Court. The court…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
Generally it is the duty of a passenger to go inside the car. In the use of the cars of steam railroads the rule admits of no exception which does not rest on necessity: Camden & Atlantic R. R. Co. v. Hoosey, 99 Pa. 492; Lehigh Valley R. R. Co. v. Greiner, 113 Pa. 600. While it is not per se negligent for a passenger on a car of a horse railway to stand on the platform or steps, it is his duty to go inside the car if there is room: Germantown Pass. Ry. Co. v. Walling, 97 Pa. 55; Mann v. Phila. Traction Co., 175 Pa. 122. As to the danger of riding on platforms or…
2Cases cited7 opinions
- Thane v. Scranton Traction Co.Supreme Court of Pennsylvania · 1899
- Bard v. Pennsylvania Traction Co.Supreme Court of Pennsylvania · 1896
- Lehigh Valley Railroad v. GreinerSupreme Court of Pennsylvania · 1886
- Germantown Passenger Railway Co. v. WallingSupreme Court of Pennsylvania · 1881
- Reber v. Pittsburg & Birmingham Traction Co.Supreme Court of Pennsylvania · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Fuller v. Honolulu Rapid Transit & Land Co.Hawaii Supreme Court · 1904
- Kelly v. Santa Barbara Consolidated RailroadCalifornia Supreme Court · 1915
- Harding v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1907
- Woodroffe v. Roxborough, Chestnut Hill & Norristown Railway Co.Supreme Court of Pennsylvania · 1902
- Bainbridge v. Union Traction Co.Supreme Court of Pennsylvania · 1903
16 more not listed; retrieve them via the Exa API.