Shive v. Philadelphia & Reading Railway Co.
Shive v. Philadelphia & Reading Railway Co.
Opinion of the Court
Opinion by
The injury plaintiff sustained is traceable directly to the dangerous position he occupied on the car on which he was a passenger. He was not within the car, but was standing in the open doorway with his back to the interior of the car with one hand resting on the door-jamb, while in the other he was holding an umbrella. While in this position the train started. It had proceeded but a short distance when passing a switch or
The assignments of error are overruled, and the judgment is affirmed.
Reference
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- Shive v. Philadelphia & Reading Railway Company
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- Syllabus
- Negligence — Railroads—Passenger—Contributory negligence— Standing in car. In an action by a passenger against a railroad company to recover damages for personal injuries, a non-suit is properly entered, where the evidence shows that immediately prior to the accident the plaintiff took his stand in the open doorway of a car with his back to the interior of the car and with one hand on the doorjamb and the other holding an umbrella; that the car was crowded beyond its seating capacity, but that the car immediately next to the one in which plaintiff was riding and which he could have entered by stepping across the platform contained no passengers; that shortly after the train started it passed a switch or another track, and the car on which plaintiff was a passenger was jolted, not however to any unusual degree, but nevertheless to a degree sufficient to cause passengers within the car and standing next to the plaintiff to press against him, as a result of which he fell from the car to the ground.