Dodson v. Wilkes-Barre Railway Co.

Citations

• 57 Pa. Super. 327
• 1914 Pa. Super. LEXIS 199

Syllabus

<p>Negligence — Street railways — Excavation in street — Automobile— Contributory negligence — Case for jury.</p> <p>In an action against a street railway company to recover damages for injuries to an automobile which fell into an excavation made by the defendant between the rails of its track, the question of the automobile driver’s contributory negligence is for the jury, if it appears that the accident happened at a point in a street very close to where a double track railroad crossed the defendant’s single track; that the driver passed this point in the morning when he noticed some men engaged in digging along the rails of the defendant and on the roadbed of the railroad; that on returning in the afternoon he saw no men working, nor any pile of dirt or any warning of any kind of the excavation between the rails; that at the time of the accident a number of pedestrians were approaching from cross-streets, and that in looking out for such persons and for the trains on the railroad, and other objects, he did not see the excavation and drove into it.</p>