105 Pa. 38 | Pa. | 1884
delivered the opinion of the Court, January 28th, 1884.
The jury found on most ample evidence, that the plaintiff in error was guilty of negligence in the act which caused the injury.
The company has two railway tracks separated by so narrow a space on a curve that when its cars were passing in different directions they came in collision, whereby, the defendant in error, a passenger in one of the cars, was injured. The main contention is whether he was guilty of contributory negligence in producing the injury to his arm. The evidence was conflicting as to his position at the time the collision occurred. The company claimed and gave some evidence that his arm projected out of the window. He testified that while the windows were open they stuck up about two inches, and he had his arm against the top of the window sash, and inside of both windows, and that the collision threw his arm out of the window.
The learned judge charged that if he sat with his arm out of the window when the collision occurred, he was guilty of negligence and could not recover. Not satisfied with this the counsel for the company requested the Court to charge if the defendant in error placed his arm on the window-sill, and by a jolt of the car it was thrown out of the window and he was
Judgment affirmed.