Bane v. Pittsburgh Railways Co.

Citations

• 243 Pa. 427
• 90 A. 201
• 1914 Pa. LEXIS 640

Syllabus

<p>Negligence — Street railways — Collision between car and wagon ■ — Diagonal collision — Failure to loolc and listen immediately before entering upon trades — Contributory negligence — Binding instructions.</p> <p>1. In an action to recover damages for personal injuries received in a collision between tbe wagon wbicb plaintiff was driving and a car of the defendant street railway company, binding instructions for tbe defendant are proper where it appears that just prior to tbe accident tbe plaintiff was driving eastwardly along a street longitudinally with tbe ear tracks, and a ear of tbe defendant company was approaching him coming westwardly; that tbe defendant turned to bis left across tbe track and that in so doing tbe buggy was struck by tbe car and be was thrown out and injured; and that there was an unobstructed view of tbe street upon which tbe car approached for a distance of approximately 450 feet; and tbe only evidence offered in behalf of tbe plaintiff as to tbe facts of tbe accident was that wbicb be himself gave, to tbe effect that about fifty feet before attempting to cross be looked backwards to see whether a car was coming behind him from tbe west and seeing none immediately looked ahead toward tbe east and saw no ear coming from that direction; that be cheeked bis horse to a walk and turned to cross, tbe car track; that when tbe horse was already upon tbe track, with bis foot over tbe first rail, plaintiff looked up and saw tbe headlight of tbe car approaching very ■rapidly and that be urged tbe horse forward and it bad just cleared tbe track when tbe car struck tbe buggy.</p> <p>2. In such a case where tbe collision occurred within tbe instant or two wbicb was required for tbe horse to step across and clear tbe track, tbe collision was for all practical purposes instantaneous and it was apparent that tbe plaintiff acted in disregard of tbe simple and effective rule of safety wbicb requires him to look for tbe car just before entering upon tbe tr