Culp v. Reading Transit & Light Co.

Citations

• 250 Pa. 164
• 95 A. 391
• 1915 Pa. LEXIS 923

Syllabus

<p>Negligence — Temporary obstruction in street — Street railways— Rails piled in gutter — Contributory negligence — Judgment for defendant.</p> <p>1. While under ordinary circumstances anyone is at liberty to pass from the sidewalk to the street at any point, yet in the presence of a known temporary obstruction, which a very slight detour to one side will avoid, one who chooses, under such circumstances, to step directly over the obstruction, must be held to do so at his own risk.</p> <p>2. In an action against a street railway company to recover damages for death of plaintiff’s husband resulting from a fall caused by tripping over rails piled by the defendant in the street in front of plaintiff’s house the court erred in submitting the case to the jury where it appeared that the street was well lighted, that plaintiff had just stepped over the rails in order to go into the street and was attempting to step over them in returning when he tripped and fell.</p>