214 Pa. 180 | Pa. | 1906
Opinion by
The defendant company in this case operated a system of double-track electric railway upon the old York road. At certain points the tracks are laid close together, in the usual way, in the central part of the road, while at other places they diverge and occupy the sides of the highway, and at such points the central portion of the road is left as the main driveway for other vehicles.
Open summer cars were in use upon the railway at the time when the accident occurred. As is well known, passengers enter and leave these open cars by means of a running board extending along the sides. Wherever the double-track system is in use it is a matter of common observation that means are used to prevent passengers from leaving the cars upon the left-hand side, as they would thereby be put in danger from a car approaching upon the opposite track. For this purpose a sliding bar running the length of the car is sometimes used, or short chains running from post 'to post and closing the ends of the passageway between the seats, answer the same purpose. In the present case such chains were employed. As the cars are reversible, bars or chains are provided for both sides of the car, but the side left open for the use of the passengers is, naturally and properly, the right-hand side of the car, that being nearest the sidewalk wherever double tracks are laid.
On the evening of September 20, 1903, after dark, one of the defendant’s cars, south bound, upon which the plaintiff was riding, stopped at a point known as Seventieth avenue. There was a ditch or gutter at the side of the roadway at that point, across which a bridge had been thrown. In coming to a standstill the motorman did not bring the rear of his car quite even with the end of the bridge. But this fact was apparently not noticed by Mrs. Mahoney, for, instead of taking a step or two along the running board, she attempted to alight immediately opposite the place where she had been sitting, and consequently stepped into the ditch and was injured.
The act of negligence charged in the declaration is that of stopping the car when the forward part only was opposite or even with the platform, while the rear part of the car was yet opposite the ditch. But, as we have already pointed out, the trial judge declined to submit the case to the jury under this
As the case was submitted to the jury only upon a theory as to the use of the chains, which was neither suggested nor charged as negligence in the statement of claim, and was not supported in any way by the evidence, the specification of error is sustained and the judgment is reversed and is here entered for the defendant.