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· 7/16/1913

Cornell v. Pittsburg Railways Co.

Citations

  • 54 Pa. Super. 230
  • 1913 Pa. Super. LEXIS 47

Syllabus

<p>Negligence — Street railways — Pedestrian—Crossing—Crossing tracks.</p> <p>1. A pedestrian when approaching a street car track upon which a car is likely to come, has not, in the absence of sudden emergency and imperious necessity, the right to dismiss all thought of danger.</p> <p>2. When a man undertakes to stand upon, or walk along a street car track, with his back to a car which he saw standing within forty or fifty feet of him, and which he knows is in service, he cannot with safety “dismiss that car from his mind;” and he cannot assume, without any knowledge of the regulations of the company, that such car standing at a point where a curve left the straight track will not move around the curve; and if he does so, and steps upon the curve and is immediately struck by the car which was going so slowly that it stopped instantly after the accident, such person cannot recover damages from the street railway company for his injuries.</p>

Judges: Head, Henderson, Morrison, Orlady, Porter, Rice

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