Connor v. Pittsburg Railways Co.

Citations

• 50 Pa. Super. 629
• 1912 Pa. Super. LEXIS 111

Syllabus

<p>Negligence — Street railways — Pedestrian—Crossing street — Case for jury.</p> <p>1. A pedestrian may not undertake to cross a street railway track in front of a visibly approaching car, running under normal conditions, without leaving himself sufficient time to clear the track before the arrival of the car; but he is not prohibited either by law or reason from doing so merely because a car is approaching at some distance away, although plainly in sight. Between these two extremes there must be a zone of reasonable safety within which he may cross a street, although a car be approaching, without it being apparent that he has violated any rule either of law or of common sense. Under such circumstances the propriety of his determination to cross the street, the reasonableness of his conclusion, or the lack of it must be submitted to and passed upon by a jury.</p> <p>2. In an action against a street railway company by a man thirty-eight years old to recover damages for personal injuries, the case is for the jury where the evidence for the plaintiff, although contradicted, tended to show that the plaintiff, at night, desiring to take a car approached a near side crossing, but being on the wrong side of the street had to pass over the track in order to reach the side from which he could properly enter the car; that in making the crossing his left leg was struck by a car after he had cleared the track with his right; that by the rules of the company cars stopped at the near side crossing, and that their speed was about ten miles an hour at the locality in question; that at the time of the accident the headlight was burning, and the approaching car was plainly visible; that when plaintiff first saw the car it was 300 feet from the crossing; that he then walked along the street to its intersection with the cross street keeping the car in sight, and making signals to the car to stop, which were apparently observed by the motorman; that as plaintiff stepped upon the track