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· 3/31/1913

Cunningham v. Philadelphia Rapid Transit Co.

Citations

  • 240 Pa. 194
  • 87 A. 291
  • 1913 Pa. LEXIS 650

Syllabus

<p>Negligence — Street railways — Collision—Pedestrian—Contributory negligence.</p> <p>1. Cases of collision of pedestrians with, street cars are not analogous to ordinary right angle collisions between cars and wagons. A pedestrian, having but his own safety to guard, can turn or stop quickly in avoiding a car and if after stepping in front of a car he comes into practically instantaneous contact with it, it matters not what his previous actions may have been. The inference of contributory negligence is irresistible.</p> <p>2. Plaintiff in broad daylight alighted from the south side of an eastbound car of defendant company, and after the car had passed, crossed towards the north side of the street; a west bound car was approaching on the north track, with no obstructions to prevent plaintiff from seeing it. He had advanced about four feet from a position of safety into the centre of the north track when he was struck.- Held, the entry of a nonsuit was correct.</p>

Judges: Fell, Mestbezat, Moschzisker, Potter, Stewart

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