228 Pa. 33 | Pa. | 1910
The statement avers, inter alia, that “as the plaintiff stepped upon the car steps to enter said car, having his left foot upon the first step, and his right foot upon the” second step, of the said car, and with his hand holding on the rail of the said car, on his way to enter the said car, and while in the act of doing so, as aforesaid, the train, negligently, carelessly and wantonly, and without any notice or warning to the said plaintiff, started and proceeded but a short distance without any reason or excuse for so doing, and then negligently, carelessly, wantonly and without any warning to the said plaintiff, came to a sudden stop, with such force as to violently throw the plaintiff from the steps of the said car to the ground or track,” etc. This averred a good cause of action, and was sustained by the plaintiff’s testimony, if believed. At least two witnesses testified substantially that after
It is apparent, we think, that the court could not, under the testimony, have withdrawn the case from the jury, as requested by the defendant company. The jury had ample testimony before it to justify a verdict for the defendant, but the evidence of the plaintiff was sufficient, if believed, to warrant the finding that the plaintiff’s injuries resulted from the negligent operation of the train. It is the duty of a carrier to give intending passengers a reasonable opportunity to enter the train in safety before it is started, and the failure to do so, resulting in injury to a passenger, is actionable negligence for which the carrier is liable. The learned judge so instructed the jury, and no error is assigned to the charge. The court, after saying to the jury that if a passenger was injured by being improperly on the steps or if he voluntarily rides on the steps or platform of a car when he can be accom
Judgment affirmed.