Hower v. United Traction Co.
Supreme Court of Pennsylvania
Hower v. United Traction Co., 231 Pa. 626 (Pa. 1911)
80 A. 1129; 1911 Pa. LEXIS 897
Brown, Elkin, Fell, Potter, Stewart
Hower v. United Traction Co.
Opinion of the Court
The plaintiff was injured by stepping off a moving electric car. She testified that she did not know whether the car was in motion when she reached the back platform; her witnesses testified that it was then in motion and had run about thirty feet from the place where it had stopped to receive and discharge passengers. There was nothing to take the case out of the rule that it is negligence per se to step on or off a moving car: Hunterson v. Traction Co., 205 Pa. 568; Boulfrois v. Traction Co., 210 Pa. 263. The nonsuit was properly entered, and the judgment is affirmed.
Reference
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- Hower v. United Traction Company
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- Syllabus
- Negligence — Street railways — Alighting from moving car — Contributory negligence — Nonsuit. In an action by a woman against a street railway company to recover damages for personal injuries a nonsuit is properly entered on the ground that plaintiff was guilty of contributory negligence in stepping off a moving ear, where the plaintiff testifies that she did not know whether the car was in motion when she reached the back platform, and her witnesses testify that it was then in motion and had gone about thirty feet from the place where it had stopped to receive and discharge passengers.