Pullman Car Co. v. Gardner
Pennsylvania Court of Common Pleas, Alleghany County
Error to the Court of Common Pleas No. 1 of Allegheny County. Case by William Gardner against The Pullman Palace Car Company, to recover damages for losses occasioned by the alleged negligence of the defendant and its employés, in not exercising proper care for the protection of plaintiff and his personal effects. Plea, not guilty.
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Error to the Court of Common Pleas No. 1 of Allegheny County. Case by William Gardner against The Pullman Palace Car Company, to recover damages for losses occasioned by the alleged negligence of the defendant and its employés, in not exercising proper care for the protection of plaintiff and his personal effects. Plea, not guilty. The facts as they appeared at the trial before Stowe, J., were as follows: On April 8, 1881, the plaintiff purchased for two dollars a sleeping-car ticket, entitling him to a berth in the sleeping coach “ Bordentown,” running from Philadelphia to Pittsburgh. The…
1Per curiam
We have carefully examined the evidence and considered the assignments of error. Conceding that the company is not liable in this action as an inn-keeper or common carrier, yet a reasonable and proper degree of care is imposed on the company. Whether it did exercise that degree of care under the circumstances was for the jury. The main object in taking passage in such a car is to permit the passenger to sleep. While in that helpless condition, a duty rests on the company to provide reasonable care and precaution against the valuables of a passenger being stolen from his bed or from the…
2Cited by2 opinions
- Lewis v. New York Sleeping Car Co.Massachusetts Supreme Judicial Court · 1887
- Williams v. WebbAppellate Terms of the Supreme Court of New York · 1899