Rhoads v. Cornwall & Lebanon Railroad Co.

• Decision Date: 09 November 1911
• Docket Number: 298-1910
• Parties: Rhoads v. Cornwall & Lebanon Railroad Company, Appellant
• Court: Pennsylvania Superior Court

48 Pa.Super. 310

Rhoads v. Cornwall & Lebanon Railroad Company, Appellant

No. 298-1910

Superior Court of Pennsylvania

November 9, 1911

Argued October 25, 1911

Appeal by defendant, from judgment of C.P. Lebanon Co., Sept. Term 1905, No. 168, on verdict for plaintiff in case of Susan Rhoads (the death of Susan Rhoads suggested on the record before trial and the name of Emanuel C. Ney, Administrator of Susan Rhoads, substituted) v. Cornwall & Lebanon Railroad Company.

Trespass to recover damages for personal injuries. Before Henry, P. J.

The facts are stated in the opinion of the Superior Court.

Verdict and judgment for plaintiff for $ 725. Defendant appealed.

Error assigned among others was in submitting the case to the jury.

Affirmed.

E. E McCurdy, for appellant, cited: Glenn v. R. R. Co., 2 L. R. A. (N. S.) 872; Heinlein v. R. R. Co., 147 Mass. 136; Penna. R. R. Co. v. Zebe, 33 Pa. 318.

Warren G. Light, with him Walter C. Graeff, for appellee. -- Whether or not the relation of carrier and passenger had ceased at the time of the accident in this case was a question of fact for the jury to determine: Powell v. P. & R. Ry Co., 220 Pa. 638; Clunn v. R. R. Co., 39 Pa.Super. 591; Phila., etc., R. R. Co. v. Alvord, 128 Pa. 42.

Before Rice, P. J., Henderson, Morrison, Orlady, Head, Beaver and Porter, JJ.

OPINION

HEAD, J.

At the time of the injury which is the foundation of this action the plaintiff, Susan Rhoads, was a woman far advanced in years and so crippled by an injury to her hip joint that she was unable to walk without the aid of a cane. On the day of the injury she with her daughter and granddaughter were passengers on a train of the defendant company, their destination being Cornwall. When the train reached the station the old lady was assisted from the car by the conductor and brakeman and safely deposited on the platform of the station a few feet from the steps of the car. According to the testimony furnished by the employees and records of the defendant company, the train on that occasion stopped not longer than one minute at the said station. As already indicated, some considerable portion of this brief period must have been consumed in getting the plaintiff from her seat in the car to the station platform. As soon as they alighted the daughter of the plaintiff went forward towards the baggage car to see if their baggage had arrived, leaving her mother with the granddaughter standing on the platform. There was testimony from which the jury could find that the brakeman then signaled with his arms to the engineer to start the train and turned to mount the platform. Either in making the signal or in turning suddenly to reach the car steps, he jostled the old lady so violently that she fell to the ground and suffered a fracture of one of her limbs.

This action was brought by her in her lifetime to recover damages for that injury. The defendant contended in the court below and contends here that under the facts as we have indicated them it became the duty of the learned...