Bensing v. Peoples Electric Street Railway Co.

Citations

• 9 Pa. Super. 142
• 1898 Pa. Super. LEXIS 134

Syllabus

<p>Street railways — •Negligence—Contributory,negligence—Question for jury.</p> <p>Where there is no fixed measure of care to be declared by the court as matter of law a jury alone can determine what is negligence and whether it has been proved.</p> <p>A conductor having preceded a trolley car to examine the safety of a railroad crossing signaled the car to come on; the car started and a passenger in the act of alighting was injured. It was conceded that this was a customary stopping place where passengers were wont tQ alight. No notice of starting was given by the motorman or notice of intention to alight by the passenger. Held, that the questions of defendant’s negligence and plaintiff’s contributory negligence were for the jury.</p>