Dunlap v. Philadelphia Rapid Transit Co.

Citations

• 248 Pa. 130
• 93 A. 873
• 1915 Pa. LEXIS 527

Syllabus

<p>Negligence — Street railways — Automobiles—Collision — Injury to passenger in automobile — Passenger’s duty to be on loolcout— Passenger and driver on common enterprise — Judgment n. o. v.</p> <p>1. Ordinarily a passenger is not chargeable with the negligence of his carrier, but that rule does not relieve him of the duty of exercising reasonable care to avoid danger.</p> <p>2. In an action against a' street railway company to recover damages for death of plaintiff’s husband resulting from a collision between one of defendant’s cars and a small roadster automobile in which deceased was a passenger sitting beside the driver, judgment for defendant n. o. v. was properly entered, where it appeared that at the time of the accident deceased and the driver of the automobile were engaged in a common, purpose; that the driver was clearly negligent in'driving upon the tracks without observing the approach of a car; and that deceased was familiar with the neighborhood, ■ saw the car tracks, and was aware that a car might pass at any moment, but made no effort to observe whether or not the track was clear.</p> <p>3. In such ease it was the duty of the deceased to be on the lookout for -an approaching car and to have warned the driver of its approach.</p>