Downey v. Philadelphia Traction Co. & Phila. & Reading R. R.

Citations

• 161 Pa. 588
• 29 A. 126
• 1894 Pa. LEXIS 738

Syllabus

<p>Negligence — Railroads— Streets— Railways — Joint to rt feaso rs.</p> <p>In an action against a railroad company and a street railway company to recover damages for personal injuries suffered by plaintiff, a passenger in a street car, it is proper to submit the case to the jury where there is evidence that the driver of the street car did not stop, look or listen before going upon the railroad company’s tracks, and that when the street car was upon the tracks the gateman of the railroad company carelessly lowered the gate and kept the car on the track without any means of escape.</p> <p>In such a case a judgment upon a verdict against both companies will be sustained.</p>