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>