the driver's fault because he pulled too close to the car parked to the right of the cab. * * *' This report was introduced into evidence by the cab company.
A common carrier owes to its passengers the highest degree of care, vigilance and precaution in transporting them to their destination and enabling them to alight safely. Hughes v. Pitts. Transp. Co., 300 Pa. 55, 150 A.2d 153; Lyons v. Pitts. Rys. Co., 301 Pa. 499, 152 A. 687; O'Malley v. Laurel Lines Bus Co., 311 Pa. 251, 166 A. 868. As a consequence of this rule, a common carrier which knowingly permits a passenger to alight at a dangerous place, before reaching the usual or regular stopping place, and the dangerous character of which the passenger could not see and did not know, is liable for injury sustained by that passenger. Sowash v. Consolidated Traction Co., 188 Pa. 618, 41 A. 743; O'Malley v. Laurel Lines Bus Co., supra; McCollum v. Pitts. Rys. Co. (No. 1), 51 Pa.Super. 637; Gourley v. P.T.C., 100 Pa.Super. 419. Under such circumstances, the carrier is required to warn and assist the passenger in alighting. Miller v. Lehigh Valley R. Co., 290 Pa. 130, 138 A. 89. This is especially true where the passenger is under a physical disability of which the carrier is aware. See: Warren v. P. & B. Ry. Co., 243 Pa. 15, 89 A. 828; Jameitis v. Wilkes-Barre Ry. Co., 277 Pa. 437, 121 A. 317. In addition 'It (is) the duty of the carrier to furnish a safe and sufficient means of ingress to and egress from its trains, and to exercise 'the strictest vigilance' in protecting intending passengers, assembled at its stations, from liability to injury.' Coyle v. Philadelphia & R. Ry. Co., 256 Pa. 496, 499, 100 A. 1005, 1006; Greenfield v. Pitts. & Lake Erie Ry. Co., 305 Pa. 456, 157 A. 587; Cestaric v. Pennsylvania Greyhound Lines, 3 Cir., 139 F.2d 566. This includes the duty to keep the driveways and approaches to the station properly lighted when necessary. Powell v. Philadelphia & Reading Ry. Co., 220 Pa. 638, 645, 70 A. 268, 20 L.R.A., N.S., 1019.
In her complaint, the plaintiff averred that on May 30, 1945, the defendant railroad company negligently allowed a hole to exist in the driveway leading to its station; and that a taxicab, owned and operated by defendant cab company, conveyed her to the aforementioned driveway and negligently permitted her to alight on the hole, causing her to sustain injuries. These were the sole facts upon which the negligence of the defendants was predicated. However, as we have indicated, there was, at the trial, evidence, aside from the possible existence of a hole, from which the jury could have found the defendants to be negligent and that such negligence was the proximate cause of the injuries sustained by the plaintiff. This evidence was introduced either by the plaintiff, without objection, or was produced by the defendants. In accordance with Rule 15(b) of the Federal Rules of Civil Procedure, the issues of fact raised by the evidence, although not raised by, should have been treated as if they had been raised in, the pleadings; Venuto v. Robinson, 3 Cir., 118 F.2d 679; Scott v. B. & O. R. Co., 3 Cir., 151 F.2d 61; Globe Liquor Co. v. Roman, 7 Cir., 160 F.2d 800; Stafford v. R.T. Co., D.C.W.D. Pa., 70 F.Supp. 555; Nester v. Western Union Telegraph Co., D.C.S.D. Cal., 25 F.Supp. 478; 1 Moore's Federal Practice, Sec. 15.07. Consequently the jury should have been allowed to consider all the evidence in reaching its verdict. However this court unduly restricted them.