Boulfrois v. United Traction Co.
Supreme Court of Pennsylvania
Appeals, Nos. 49 and 50, Oct. T., 1904, by defendant, from judgment of C. P. No. 3, Allegheny Co., Noy. T., 1901, No. 275, on verdict for plaintiff in case of Armand Boulfrois, Sr., and Armand Boulfrois, Jr., by his next friend, Armand Boulfrois, Sr., v. United Traction Company. r Trespass to recover damages for personal injuries.
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Appeals, Nos. 49 and 50, Oct. T., 1904, by defendant, from judgment of C. P. No. 3, Allegheny Co., Noy. T., 1901, No. 275, on verdict for plaintiff in case of Armand Boulfrois, Sr., and Armand Boulfrois, Jr., by his next friend, Armand Boulfrois, Sr., v. United Traction Company. r Trespass to recover damages for personal injuries. Before Kennedy, P. J. At the trial it appeared that Armand Boulfrois, Jr., was injured while in the act of getting on a moving electric summer car. Plaintiff claimed that he had actually reached the running board of the car when he was immediately thrown therefrom…
1DissentJustice Mestbezat
For the reasons stated in the dissenting opinion in Hunterson v. Traction Co., 205 Pa. 568, I cannot concur with the majority of the court in holding “ that to get on or off a moving car, whether propelled by steam or electricity, is negligence per se in him who attempts it,” and, therefore, I dissent from the judgment reversing the court below.
2Cases cited1 opinion
- Hunterson v. Union Traction Co.Supreme Court of Pennsylvania · 1903