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Horelick v. Pennsylvania Railroad Co.

Decided: February 5, 1953.

CELIA HORELICK AND DAVID HORELICK, PLAINTIFFS-RESPONDENTS,
v.
THE PENNSYLVANIA RAILROAD COMPANY, DEFENDANT-APPELLANT



Eastwood, Bigelow and Jayne. The opinion of the court was delivered by Eastwood, S.j.a.d.

Eastwood

The question raised by this appeal is whether the railroad, by inviting the plaintiff to use the station facilities of the Washington Union Terminal for egress, is liable for injuries occurring beyond the point where the passenger disentrained.

The undisputed facts are: On December 22, 1951, Celia Horelick purchased a railroad ticket for transportation to

Washington, D.C. upon defendant's line and boarded the train in New York City. Plaintiff detrained from defendant's train upon its arrival at Union Station, Washington, D.C., and had walked the length of several passenger cars along the platform toward the exit when she slipped upon a piece of ice on the platform which was obscured by dirt accumulated thereon, and fell, injuring herself.

Plaintiffs alleged that defendant, through its agents, servants and employees, was negligent in its duty to provide Mrs. Horelick with a safe exit and that her injuries and damages were caused thereby.

Defendant admitted being a common carrier; that it carried Mrs. Horelick as a fare-paying passenger from New York to Washington, but denies ownership or control of the platform at the Washington, D.C. station, asserting that its line terminates at Florida Avenue in the District of Columbia, and that while its train continues south into the Union Terminal, it is under the jurisdiction and control of Washington Terminal Railroad Company.

Defendant further argued that on the ticket purchased by the plaintiff it was stated that it was "subject to Tariff Regulations" and that the act provides, in part, that the carrier issuing the ticket is not responsible beyond their own lines, except as may be imposed by law with respect to baggage.

The defendant contends that the tariff specifically limited its responsibility to its own lines and that in selling plaintiff a ticket containing reference thereto, the plaintiff agreed to the limitation contained therein. Section 2, paragraph 18, of the tariff, ICC No. A -17442, provides, inter alia:

"Responsibility: In issuing tickets and checking baggage under this tariff for passage over the lines of the carriers herein, the issuing carriers act only as agents and are not responsible beyond their own lines, except as such responsibility may be imposed by law with respect to baggage."

Defendant further contends that it owed no duty to Celia Horelick at the time and place of the accident and that the

trial court erroneously applied the principles of the case of Del., L. & W.R.R. Co. v. Trautwein , 52 N.J.L. 169 (E. & A. 1889), and failed to be governed by the case of Bright v. Pennsylvania ...


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