Mann v. Philadelphia Traction Co.
Mann v. Philadelphia Traction Co.
Opinion of the Court
The learned judge of the court below was entirely right in directing a nonsuit in this case and for .the very reason stated by him. There was literally no excuse for the deceased taking the driver’s seat on the front platform and exposing himself to the risks of such a position. The car was empty and it was the clear duty of the passenger to take his seat on the inside. He was not obliged to go on the front platform for want of room inside, nor was he there by invitation of the driver. The danger was increased by his occupying the driver’s stool, which was high and with no arms or other protection, and narrow at the base. The case does not come within any of the decisions in which it
Judgment affirmed.
Reference
- Full Case Name
- Maria R. Mann v. The Philadelphia Traction Company
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- Negligence — Street railways — Riding on front platform — Death. In an action to recover damages for death, a nonsuit is properly entered where the evidence shows that the deceased was the only passenger upon one of the defendant company’s horse cars, that without any invitation upon the part of the driver, he took his seat upon the driver’s high stool, which was without-arms or other protection, on the front platform, and that when the car turned a switch he was thrown from the stool and killed.