223 Pa. 50 | Pa. | 1909
Opinion by
We are all of opinion that the court below erred in entering judgment for the defendant non obstante veredicto.
On the morning of December 3, 1901, John Keifner, appellant’s husband, went to the station at Carnegie to take a westbound train for Iffley, a station three miles west of Carnegie. It was due at 7:05. While he was at the window purchasing his ticket, the gong sounded giving notice of the approach of the west-bound train, and the ticket agent immediately announced to Keifner and the other twelve or fifteen passengers intending to take that train: “Train going west.” Keifner and the other passengers started at once on the announcement of the agent for the platform from which the west-bound train was to be entered. They passed through the door leading out of the station, and down the steps to the station platform. Keifner was in advance of the other passengers and as he was about stepping from the planks between the rails of the eastbound track to the track platform from which he was to enter the west-bound train he was struck and killed by an express train going east on the east-bound track, running from twenty-five to thirty miles an hour. This train was twenty-seven minutes late. The ticket agent testified that from the time
On the trial of the cause, the court submitted to the jury the negligence of the defendant company and also the contributory negligence of the deceased. The jury returned a verdict for the plaintiff, but the court entered judgment for the defendant non obstante veredicto, citing as authority for its action the cases of Carroll v. Pennsylvania Railroad Company, 12 W. N. C. 348, and Irey v. Pennsylvania Railroad Company, 132 Pa. 563. The learned judge held that as matter of law the deceased was guilty of contributory negligence under the facts of the case.
This case is ruled by the doctrine announced in Harper v. Pittsburg, etc., Railroad Company, 219 Pa. 368, and Besecker v. Delaware, etc., Railroad Company, 220 Pa. 507. There, as here, the only question presented for the consideration of this court was whether the plaintiff’s negligence was so clear that the court was justified in declaring it as matter of law.
• The deceased having purchased a ticket for his transportation and being in the defendant’s station awaiting the arrival of the train was a passenger and entitled to the company’s protection until he entered the train. It was therefore the duty of the defendant company to use care in providing a safe way or approach to the platform from which its west-bound train could be entered. His right to a safe transit over the east-bound track is the same in attempting to reach his train from the station as a passenger who, having alighted from a train, attempts to cross intervening tracks to enter the station. There is a positive duty imposed upon the company in such cases to provide a reasonably safe passage over intervening tracks, and not to permit locomotives or trains to pass over them while passengers are on the crossing. Negligence in the performance of this duty will subject the company to liability for any resulting injury.
The deceased had a right to assume that his safety would not be endangered by permitting a train to pass on the eastbound track while he was crossing to enter the west-bound train, and he could rely upon the company to keep the track
The announcement of the arrival of the west-bound train by the ticket agent was a direction to the passengers in the station to proceed to the train. All the passengers in the station so treated the announcement and acted upon it accordingly.
The cases relied upon by the court below have no application to the facts of this case. In the Carroll case the plaintiff when injured was crossing the railroad “ at the Queen Street crossing, which adjoins the depot on the west.” He stepped directly in front of the locomotive, which, if he had used his
The assignment of error is sustained, the judgment of the court below is reversed, and judgment is now directed to be entered on the verdict for the plaintiff.