Delaware L. & W. R. Co. v. Cadow

Citations

• 120 Pa. 559
• 14 A. 450
• 1888 Pa. LEXIS 511

Syllabus

<p>1. Ordinarily, tlie existence of negligence is a question of fact for tluj jury, but when the facts are uncontroverted their legal effect is a tion of law for the court.</p> <p>2. One cannot recover damages for an injury which by the exercise of reasonable care he might have avoided.</p> <p>3. When it was uneontroverted that the plaintiff, a cripple with a stiff leg, left a safe path along the sidewalk of a street, to pass hastily, in the night time and without a light, diagonally over a railroad crossing, the condition of which he did not know, and stumbled among the rails and planking, fell and was injured, it was error to refuse binding instructions that the verdict should be for the defendant.</p>