Bowen v. Buffalo & Lake Erie Traction Co.

Citations

• 54 Pa. Super. 128
• 1913 Pa. Super. LEXIS 25

Syllabus

<p>Negligence — Street railways — Motocycle—Collision with street car.</p> <p>In an action against a street railway company to recover damages for personal injuries resulting from a collision between a street car and a motocycle on which the plaintiff was riding, it appeared that the plaintiff was thirty-six years old and familiar with the locality where the accident happened; that at the time it was clear daylight; that he was riding at about eight miles an hour when he arrived at the. curb line of the street on which were defendant’s tracks; that at this point he was twenty-seven feet from the first car rail; that he looked north and saw a car approaching about fifty feet away, that he then turned south to run parallel with the car tracks; that in attempting to cross in front of the car he was struck and injured. He testified that the car was running twenty or twenty-five miles an hour, and went about 175 feet after striking him. He admitted that after his first look at the curb thirty feet distant from the tracks he did not look again at the street car but was watching a man crossing on a bicycle in the opposite direction. Held, that it was reversible error not to give binding instructions for defendant.</p>