Malpass v. Hestonville, Mantua & Fairmount Passenger Railroad

Supreme Court of Pennsylvania January 30, 1899

Malpass v. Hestonville, Mantua & Fairmount Passenger Railroad, 189 Pa. 599 (Pa. 1899)

42 A. 291; 1899 Pa. LEXIS 701

Dean, Fell, Green, McCollum, Mitchell, Sterrett

Opinion of the Court

Per Curiam,

We find nothing in this record that would justify us in holding that the court below erred in refusing to take off the judgment of nonsuit. There is no evidence of negligence on the part of either of the defendant companies that required submission of the case to the jury. The plaintiff undertook to do what neither of them could reasonably be expected to anticipate, and they were not negligent in failing to provide against such an imprudent act.

Judgment affirmed.

Reference

Full Case Name: George Malpass v. Hestonville, Mantua and Fairmount Passenger Railroad Company and Union Traction Company
Cited By: 2 cases
Status: Published
Syllabus: Negligence—Street railways— Oontributory negligence—Position of danger—Summer car. Where a person at the terminus of a street railway attempts to mount on the running board of an open or summer car about to make a return trip, before the bar preventing passengers from entering on that side is raised, and in doing so goes upon a track upon which he knows that another car may move from a switch behind the car which he intends to take, he puts himself voluntarily in a position of danger, and if he is injured by the other car he cannot recover damages from the railroad company.