Davidson v. Schuylkill Traction Co.

Citations

• 4 Pa. Super. 86
• 1897 Pa. Super. LEXIS 87

Syllabus

<p>Negligence — Street railways — Question for jury.</p> <p>Negligence is always a question for the jury whenever there is a conflict of testimony, or for any cause there is a reasonable doubt as to the facts or as to the inferences to be drawn from them.</p> <p>If the motorman of a railway company saw, or, in the exercise of due care, ought to have seen, the plaintiff on the track and making ineffectual efforts to get off, and by slowing up his car could have avoided the collision, and failed to stop or slow up his car; or if, having regard to the narrowness of the traveled portion of the highway, the amount of travel thereon, the construction of the track, and the form of the rail, the difficulty of getting off the track, the grade, and all the other circumstances, the car was being run at dangerous speed, and in consequence the motorman was unable to check it sufficiently to prevent collision with one who, without negligence, happened to be on the track, and if a collision could have been prevented if the car had been running at proper speed, then the question, whether the motorman exercised care according to the circumstances, was' for the jury; it certainly was not for the court to declare that he did exercise such care.</p> <p>(Contributory negligence — Degree of care — Question for jury.</p> <p>In matters where the question of contributory negligence is involved the measure of duty is ordinary and reasonable cafe, and, when the degree of care varies according to the circumstances, the question of negligence is always for the jury.</p> <p>Practice, Superior Court — Defective assignment.</p> <p>An assignment of error is defective, and offends against Rule XV., which assigns error as follows: “ The Court erred in not affirming the defendant’s second, third, fourth, fifth, seventh and tenth points, which points and answers are as.follows: ” the points and answers thereto being recited under this one assignment.</p> <p>Municipal ordinance— Violation of, does not i