Hatch v. Philadelphia & Reading Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 79, Jan. T., 1905, by plaintiff, from order of G. P. No. 5, Phila. Co., June T., 1903, No 4480, refusing to take off nonsuit in case of Charles J. Hatch v. Philadelphia & Reading Railway Company. Trespass to recover damages for personal injuries. Before Ralston, J. The facts are stated in the opinion of the Supreme Court. At the trial the court entered a compulsory nonsuit which it subsequently refused to take off. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Mr. Justice Brown,
It is the duty of the crew of a passenger train, the conductor and brakemen having it in charge, to see that all passengers boarding it, or manifestly intending to board it, are safely on it before the signal is given to the engineer to start. Failure to do so is negligence, and if a passenger is thrown from the step or platform of a car by the starting of it before he is safely on it, the railroad company is liable for the injuries sustained. While it is the duty of those having a train in charge to see that it is not started until all passengers are safely on it,…
2Cited by7 opinions
- Bockelcamp v. Lackawanna & Wyoming Valley RailroadSupreme Court of Pennsylvania · 1911
- May v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1920
- Chitwood v. Philadelphia & Reading Railway Co.Supreme Court of Pennsylvania · 1920
- Arkansas Central Railroad v. BennettSupreme Court of Arkansas · 1907
- St. Louis Southwestern Ry. Co. v. WainwrightCourt of Appeals for the Eighth Circuit · 1907
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