40 Pa. Super. 252 | Pa. Super. Ct. | 1909
Opinion by
The two assignments of error call for a consideration of the answers of the trial court to the third and fourth points presented by the defendant. The plaintiff's charge against the defendant was that she was a passenger on one of its regular passenger trains which stop according to schedule at Shady-
The appellant’s second proposition is that if the plaintiff’s ticket was not to Shadyside and the defendant did not know that she intended to get off there or did not know that she was in the act of getting off then the defendant cannot be charged with negligence in starting the train before the plaintiff had alighted. The defendant denied that the plaintiff had bought a ticket to Shadyside. The conductor testified that her ticket was not to Shadyside, and the agent at Irwin Station testified that he did not sell a ticket to Shadyside that morning. The plaintiff alleged that she asked for a ticket to Shadyside and supposed she had it and that she saw the name “Shadyside” on the ticket. The conductor admits that he took up her ticket, but does not state what destination it called for nor was any effort made to show that her ticket was to any other station. However that may be, she had a right to get off at Shadyside. It is admitted that that was a regular stopping place for this train, and that other passengers got on and off. She had not evaded the payment of her fare, and if the agent of the company sold her a ticket for some other station than that which she called for and that to which she was going she was not required to remain in the car and go on to that station. A passenger may change his mind and get off at an intermediate station if it be a regular stopping place for his train and is entitled to a reasonable time to do so. What'is sufficient time for this purpose was said in Penna. R. R. Co. v. Lyons, 129 Pa. 113, to be “time to alight safely in the use of reasonable diligence and care, and has regard to all the circumstances which affect the act of getting off a train.” When the train stops to let off passengers it is the duty of the employees having charge of the train to see that all who are getting off have safely alighted before the train is started. If they fail so to do and a passenger who is exercising due diligence and care in getting off is injured because of the starting of the train the defendant is liable for such injury. The case of Hatch v. Phila. & R. Ry. Co., 212
The judgment is affirmed.