Dix v. Railway Co.

Citations

• 15 Pa. Super. 350
• 1900 Pa. Super. LEXIS 355

Syllabus

<p>Railroads — Contributory negligence — Use of highway — Binding instructions.</p> <p>Where a person walks along the narrow space between two trolley tracks, a place dangerous in itself, and not intended for pedestrians, without looking for a car, to recover a shoe cast by one of his horses, and is struck while stooping to pick up the horseshoe, he is guilty of contributory negligence.</p> <p>He was not a pedestrian on the street, in the ordinary sense, as he was neither crossing the street nor using the tracks in common with the defendant company. He ignored the plain dictates of common prudence, and the court should have directed a verdict for the defendant.</p>