Callahan v. Pennsylvania Railroad

Citations

• 68 Pa. Super. 465
• 1917 Pa. Super. LEXIS 150

Syllabus

<p>Negligence — Railroads—Concurrent use of city street with public — Contributory negligence — Province of court and jury.</p> <p>Where a railroal company operates three tracks on a city street, with the tracks flush with ti 3 pavement, its right to use the street is not superior to the public, but concurrent with it. If in operati ing a train on such a street, an engineman sees ahead of him a man driving a horse not attached to a vehicle, and proceeds without giving any warning, and while he and the fireman are talking on the opposite side of the engine, the man is struck by a projecting part of the tender or engine, the injured person in an action against the company is entitled to have the question of his contributory negligence submitted to a jury.</p>