Lease v. Pittsburgh Railways Co. 247 Pa. 149

Lease v. Pittsburgh Railways Company, Appellant.

Negligence — Street railways — Passenger hoarding car — Infant— Crowded car — Premature closing of door — Charge to jury.

In an action against a street railway company to recover damages for personal injuries sustained by a ten year old girl, it appeared that the plaintiff, assisted by her mother, was boarding one of defendant’s cars at an hour in the evening when it was crowded and a large number of people were attempting to get on, and that while she was on the step and'had one hand on the rail inside *150the door, ier knee was caught and injured by the premature closing of the door by the conductor, who did not see her. Held, the court did not err in charging the jury that it was negligence to close the door without seeing that the doorway was clear, and in further charging that there was no contributory negligence, on the part of either the plaintiff or her mother; and a verdict for the plaintiff was sustained.

Argued Oct. 21, 1914.

Appeals, Nos. 126 and 127, Oct. T., 1914, by defendant, from judgment of O. P. Allegheny Co., Oct. T., 1912, No. 1738, on verdict for plaintiffs in case of Bernice A. Lease, a minor, by her father and next friend Albert E. Lease, and Albert E. Lease v. The Pittsburgh Railways Company.

Before Fell, C. J., Brown, Mestrezat, Stewart and Mosohzisker, JJ.

Affirmed.

Trespass to recover damages for personal injuries. Ssafer, J., filed the following opinion:

The action is for damages for injury to a girl eight or ten years of age, who was injured by having her kneecap broken by the closing doors of a street car of the,type in which the doors are closed by a lever operated by the conductor. According to the evidence the girl was accompanied by henmother and they were about to board a Frankstown car in the City of Pittsburgh, at an hour in the evening, when the car was crowded and there were a large number of persons attempting to get on. The girl was assisted up the steps of the car by her mother and had hold with one hand of the small rail on the inside of the door. The door was thereupon closed, the little girl withdrawing her arm but her knee was caught by the doors, the result of which was to make her leg stiff and make her permanently lame. It did not appear whether the conductor saw the girl or not, and this does not seem to make any difference. The car was stopped at a proper place to take on passengers and a number of people were crowding into the car, and it. was negligence to close the door upon them without seeing that the doorway was *151clear. We are unable to see any contributory negligence either on the part of the girl or her mother.

The court in its charge stated that there was no question of contributory negligence on the part of the plaintiff or her mother, and that it was negligence to close the door without seeing that under the circumstances the doorway was clear.

Verdict for plaintiff, Bernice A. Lease, for $8,000 and Albert E. Lease for $1,000, and judgment thereon. Defendant appealed.

Error assigned, among others, was the charge to the jury.

Craig Smith, with him Clarence Burleigh and William A. Challener, for appellant.

Body P. Marshall, with him Oliver K. Eaton, for appellee.

January 2, 1915: