Buzby v. Philadelphia Traction Co.

Citations

• 126 Pa. 559
• 17 A. 895
• 1889 Pa. LEXIS 913

Syllabus

<p>1. The plaintiff, a passenger upon a cable ear, got out on the north side where he was in safety. Without waiting for the car to move on, or looking to the west from which direction danger was to be apprehended, he turned sharply around the rear of the ear, and started to cross the street. There was room between the tracks for him to stand in safety, and see the whole track. Instead of looking, he stepped upon the south track, and was struck and injured by another ear going east. Ke was properly nonsuited upon the ground of contributory negligence.</p> <p>2. Due and ordinary care is to be exercised in crossing public streets, as in all other transactions of life. Even upon the sidewalk, specially devoted to foot passengers, a man is bound to look where he is going, and this duty is still more imperative when he is about to cross the middle of the street where horses, wagons, and cars have equal rights with himself, and where he is bound to take notice of such other rights, and to use his own with due regard thereto ; Schmidt v. McGill, 120 Pa. 112.</p>