Craven v. Pittsburgh Railways Co.

Citations

• 243 Pa. 619
• 90 A. 361
• 1914 Pa. LEXIS 677

Syllabus

<p>Negligence — Street railways — Contributory negligence — Case for jury.</p> <p>In an action to recover damages for personal injuries sustained by plaintiff, a street cleaner, in consequence of a collision between the cart which plaintiff was pushing and a trolley car, the questions of defendant’s negligence and plaintiff’s contributory negligence are for the jury, where it appeared that plaintiff, while pushing the cart upon a public street in the course of his work, turned it upon the street railway tracks to avoid a horse and wagon and that while he was attempting to push the cart back to the driveway it was struck by the street car; that the day was clear; that the motorman’s view was not obstructed, unless by vehicles, for a distance of 400 feet; and where the evidence was conflicting as to the rate of speed of the car, the distance traveled by it before it stopped after the accident and the obstructions to the motorman’s view, if any; and where plaintiff testified that he looked before going upon defendant’s tracks, and saw the car at a distance, and that when he saw the car again it was six feet away and he attempted to escape, but the car bore down upon him without warning and without a proper lookout on the part of the ’motorman.</p>