Cox v. Schuylkill Valley Traction Co.

Citations

• 214 Pa. 223
• 63 A. 599
• 1906 Pa. LEXIS 630

Syllabus

<p>Negligence — Street railways — •“ Stop, look and listen ” — H-eadlight on car— Positive and negative testimony — Evidence.</p> <p>Where a street railway company runs an electric car whose lights have gone out, rapidly down a steep grade, with the headlight not lighted, and the car runs over a person crossing the tracks, the question of the company’s negligence is for the jury.</p> <p>Where persons are waiting and watching for an approaching street car, and are looking in the direction from which the car is coming, and the car is directly in their presence, the court will not say that their evidence was negative, when they declare the car had no headlight burning, and was in such complete darkness that it could not be seen at all.</p> <p>Where a person on a highway approaches the tracks of a street railway on a dark night, with the intention of crossing the tracks so as to board the car on the side where the seats were open, and he testifies that he stopped, looked and listened before going on the tracks, and that he was struck by a car in crossing, and that he did not see the car because, its lights were out, and no headlight was burning, the question of the passenger's contributory negligence is for the jury.</p>