Purvis v. Buffalo, Rochester & Pittsburg Railroad

Supreme Court of Pennsylvania November 14, 1907

Purvis v. Buffalo, Rochester & Pittsburg Railroad, 219 Pa. 195 (Pa. 1907)

68 A. 189; 1907 Pa. LEXIS 636

Brown, Elkin, Fell, Mestrezat, Mitchell, Potter, Stewart

Opinion of the Court

Per Curiam,

This is a hard case and appellant’s counsel has presented a very able argument to take it out of the general rule that to get on or off a moving train is negligence per se. We have re-examined the authorities to see if it can be brought within the exceptions, but it cannot consistently be done. The rule is founded on solid considerations of public policy for the safety of the traveling community, the exceptions are few in number and the cases must come very clearly within them. The learned judge below has discussed the law and the facts very fully and accurately and, on his opinion, the judgment is affirmed.

Reference

Full Case Name: Purvis v. Buffalo, Rochester & Pittsburg Railroad Company
Cited By: 1 case
Status: Published
Syllabus: Negligence — Railroads—Alighting ¡rom moving train — Contributory negligence — N onsuit. It is negligence per se to get off a moving car or train and to exempt a passenger from this rule on the ground that he was told to get off by an employee of the railroad, it must appear that the direction was in the exercise of some authority or compulsion. Mere advice or direction in the passenger’s carrying out of his own purpose is not enough. Where a person, not a passenger, goes on a train standing at a station with the permission of the trainmen, to locate his wife and daughter in a sleeping car, and as he starts to leave the car, the train moves and the brakeman says to him “hurry up and get off” and in alighting he is thrown under the moving train and injured, he is guilty of contributory negligence, and cannot hold the railroad company liable for his injuries.