Cooke v. Baltimore Traction Co.

Citations

• 80 Md. 551
• 31 A. 327
• 1895 Md. LEXIS 14

Syllabus

<p>Negligence— Turning Corners by Electric Cars — Rights of Travelers on Highways — Contributory Negligence.</p> <p>The question of negligence growing out of an injury by a Street Railway Company to a person rightfully upon a public thoroughfare, is governed by principles different from those applicable to an injury-inflicted by a Steam Railroad Company upon a trespasser wrongfully upon the company’s right of way.</p> <p>The propulsion of an electric or cable car at full speed around the corner of a street, in a populous city, without a previous look out to ascertain whether the track is clear or not, is an act of negligence.</p> <p>Plaintiff drove at night upon the track of the defendant just after crossing the street where the track turned the comer. Before doing so he looked to see if a car was approaching on that track, and neither saw nor heard one. About ten feet from the corner his vehicle was struck from behind by an electric car which had swung around the corner at full speed, without a headlight and when no bell had been .■ rung. The motorman could have seen the plaintiff when he drove upon the track. Held,</p> <p>ist. That such facts constitute evidence of negligence on the part of the defendant.</p> <p>2nd. That the failure of plaintiff to see or hear the car was not contributory negligence in law, because he made every reasonable effort to look and listen.</p> <p>Where the nature of the act relied on to show negligence contributing to the. injury can only be determined by considering all the circumstances surrounding the transaction, it should be passed upon by the jury, and it is not for the Court to determine its quality as matter of law.</p>