Thane v. Scranton Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 43, Jan. T., 1899, by plaintiff, from judgment of Superior Court, Jan. T., 1898, No. 26, reversing judgment of C. P. Lackawanna Co., Sept. T., 1895, No. 930, on verdict for plaintiff. Appeal from Superior Court. The case was reported in 8 Pa.
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Appeal, No. 43, Jan. T., 1899, by plaintiff, from judgment of Superior Court, Jan. T., 1898, No. 26, reversing judgment of C. P. Lackawanna Co., Sept. T., 1895, No. 930, on verdict for plaintiff. Appeal from Superior Court. The case was reported in 8 Pa. Superior Ct. 446, where the facts are sufficiently stated in the following excerpts from the opinion of William W. Porter, J., as follows : The plaintiff, a man of fifty-six years, was a passenger on a closed car of the defendant company. He admits that he took a position on the back platform, with knowledge that there were vacant seals…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
The proper and assigned place for passengers is inside the car. Unless he shows some valid reason’ to excuse him, a passenger is bound to put himself in the appointed place, and if he does not, he takes the risk of luis location • elsewhere. This L the settled rule of all our cases. In Germantown Pass. Ry. Co. v. Walling, 97 Pa. 55, it was said by the trial judge and affirmed by this Court, that “ it is the duty of the passenger to go into the proper, usual and safe place, if it is possible to do so.” And in Mann v. Phila. Traction Co., 175 Pa. 122, it was said…
2Cases cited3 opinions
- Germantown Passenger Railway Co. v. WallingSupreme Court of Pennsylvania · 1881
- Reber v. Pittsburg & Birmingham Traction Co.Supreme Court of Pennsylvania · 1897
- Mann v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1896
3Cited by36 opinions
- Atlantic Coast Line Railroad v. CrosbySupreme Court of Florida · 1907
- Zavodnick v. Rose SonSupreme Court of Pennsylvania · 1929
- Schomaker v. HaveySupreme Court of Pennsylvania · 1927
- Bumbear v. United Traction Co.Supreme Court of Pennsylvania · 1901
- Dopler v. Pittsburgh Railways Co.Supreme Court of Pennsylvania · 1931
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