Cupps v. Traction Co.

Citations

• 13 Pa. Super. 630
• 1900 Pa. Super. LEXIS 214

Syllabus

<p>Street railway — Contributory negligence — Province of court and jury.</p> <p>The case discloses contributory negligence where the situation presented is that of a man who looked and listened before he started his team, but who, in the middle of the block, not at a street crossing, drove diagonally across the tracks of the trolley company, in front of a moving car (which before starting he observed to be approaching at a distance of 321 feet) and who after starting his team, did not look again until the car was practically upon him. Under such circumstances there was no right of recovery.</p>