Cannon v. Pittsburg & Birmingham Traction Co.

Citations

• 194 Pa. 159
• 44 A. 1089
• 1899 Pa. LEXIS 751

Syllabus

<p>Negligence — Street railways — Contributory negligence — Position of danger.</p> <p>In an action against a street railway company for injuries caused by its negligence, it appeared that the plaintiff was driving along one of the tracks of the street railway at night; that he turned out to let a ear behind him pass, and while he was driving up a hill on the other track, with the car beside him, a car suddenly appeared over the crest of the hill and came upon him at a high rate of speed, causing the injury of which he complains. He could not turn out to the left, because there was but four feet of space between the track and the curve, and he could not turn to the right, because of the car at his side. Held, (1) that a prima facie cause of negligence on the part of the defendant was established; (2) that, being familiar with the locality, plaintiff had reason to believe that he might meet a car, but not that he would meet one on the narrow crest of the hill, going with such speed that a collision could not be avoided; (3) that the question of defendant’s negligence and plaintiff’s contributory negligence was for the jury.</p> <p>Where a person without fault on his part finds himself in a position of danger he cannot, in his effort to extricate himself, be held to the use of the best judgment.</p>