256 Pa. 249 | Pa. | 1917
Opinion by
This is an action for personal injuries to a passenger. Defendant has a four track railway system extending westwardly from Pittsburgh along the north bank of the Ohio river, on which, about twelve miles out of the city, Glen Osborne Station is located, the depot buildings be
For the defense six or seven witnesses, seemingly credible, testified that, after the train had started and while it Avas in motion, plaintiff deliberately left the car platform, walked doAvn the steps and jumped off. There was some evidence to the effect that she had not reached the car platform when the train started, and that a gentleman standing thereon tried to restrain her from attempting to alight. Fortunately a young man caught the child and saved it from harm.
Plaintiff sustained quite serious injuries, including a fracture of the fifth dorsal vertebra. The evidence tended to show that she had not and probably never would fully recover. The case turned largely on questions of fact, all of Avhich were submitted to the jury. Defendant took a general exception to the charge and bases thereon thirteen assignments of error. The first
Several assignments relate to general instructions of the court to the effect that it is the duty of a railroad company as the common carrier of passengers to use the highest degree of care, and to stop its train for such length of time as to give the passengers a reasonable opportunity to alight; and that to prematurely start the train, with a sudden jerk, while a passenger is in the act of alighting therefrom, which act is or should be known to those in charge of the train, is negligence on the part of the carrier, which negligence is the want of the required care under the circumstances; and that the first question is, whether under all the facts and circumstances the defendant was guilty of negligence which was the sole cause of the plaintiff’s injury. And further if plaintiff did not exercise proper care and it wa’s through her negligence, or she contributed in any manner to this accident, then she cannot recover; that to voluntarily attempt to get on or off a moving train is negligence; and if plaintiff attempted to alight from the train, after it had started, she was herself to blame and cannot recover no matter how guilty the defendant may be of negligence. Therein we see no just cause of complaint. And the fact that the judge greatly enlarged upon such instructions and called the attention of the jury to the evidence in connection therewith was not error.
There was no error in what the court said as to the present worth of future damages: Irwin v. Penna. R. R. Co., 226 Pa. 156; especially as defendant failed to ask for more specific instructions: Fern v. P. R. R. Co., 250 Pa. 487; Saunders v. Pittsburgh Rys. Co., 252 Pa. 79.
In fact in Bostwick v. Pittsburgh Eys. Co., 255 Pa. 387, it is held that it is not error for the trial judge to decline to instruct the jury as to the present worth of damages for future pain and suffering. As the husband’s judgment is for only .$341, a sum not in excess of what the evidence justified for his damages previous to the trial, it is unnecessary to further consider this branch of the case.
The trial judge’s comments upon the evidence were entirely fair, and the record discloses nothing done by him to the prejudice of the defendant, unless it might be in the discretionary matter of refusing a new trial, and that was doubtless influenced somewhat by the fact that the case had been tried twice.
The assignments of error are overruled and the judgments are affirmed.