Crooks v. Pittsburg Railways Co.

Citations

• 216 Pa. 590
• 66 A. 142
• 1907 Pa. LEXIS 871

Syllabus

<p>Negligence — Street railway companies — Crossing in front of car — Pedestrians — Contributory negligence.</p> <p>In an action against a street railway company to recover damages for death of plaintiff’s husband no recovery can be had where it appears from the uncontradicted testimony that the deceased attempted to cross the defendant’s tracks, and was struck by a car which he intended to take as a passenger, and that he could have taken but one, or at the most two, steps from the time he entered upon the line of the track until the car caught him in the space between the rails.</p> <p>Where a foot passenger walks or steps directly in front of an approaching car, and is struck at the instant he sets his foot between the rails, there is but one inference which can reasonably be drawn from that fact, and that is the inference of contributory negligence.</p>