119 Pa. 70 | Pa. | 1888
Opinion,
This suit was brought by Harry W. Stager, in his lifetime, to recover damages for a personal injury which, it is alleged, he sustained through the negligence of the company’s servants, on January 7, 1884, which injury afterwards resulted in his death. The administrator of his estate has been substituted in the action, and the cause came to trial upon an issue formed between the plaintiff’s legal representative and the company.
It is admitted that Stager attempted to board the car at the front platform, whilst the car was in motion. He succeeded in getting on the lower step with one foot only, and before he could establish himself there, a sudden motion of the car forward threw him off, and he fell under the wheels. It is not definitely shown at what rate the car was moving at the time of the occurrence. Stager had given the conductor a signal to stop, and as the car approached the crossing it “ slowed up; ” but before it had fully arrived at the place where the stop was to be made, and whilst it was still in motion, he attempted to enter by the front platform, with the result stated. The evidence seems to show that the car was moving quite slowly, but it did not stop.
But the plaintiff, in order to recover, must show that the personal injury received by Harry W. Stager was the result of some act of negligence on the part of the company or its servants. The mere fact of the injury, under the circumstances of this case, is not enough; the injury was received before the
In this aspect of the case, it is unnecessary for us to decide what would have been the measure of the plaintiff’s recovery, in view of the fact that the father has also brought an action to recover damages for the death of his son under the act of April 26, 1855. We are of opinion that the learned court below was right upon the grounds stated in his opinion in entering the nonsuit, and therefore
The judgment is affirmed.