Ervay v. Waverly, Sayre & Athens Traction Co.

Citations

• 240 Pa. 440
• 87 A. 707
• 1913 Pa. LEXIS 690

Syllabus

<p>Negligence — Contributory negligence — Street car companies — Stop, look and listen — Judgment n. o. v.</p> <p>1. The duty of a pedestrian or driver to look, and, if necessary, because of obstructions to vision, to listen before crossing the track of a city passenger railway, is as fixed as the duty, of which it is a part, to stop, look and listen before crossing the track of a steam railroad. The rule in relation to the observance of this duty is unbending and to be observed at all times and under all circumstances and a failure to observe it is negligence per se. The proper place to look is when close to the track or as stated in some of our cases at the edge of the track.</p> <p>2. The lower court should have entered- judgment for defendant n. o. v. in an action to recover damages for injuries sustained by plaintiff in a collision between a long sled, in which he was riding, and the car of the defendant company, at a street crossing of a borough, where it appeared that plaintiff when he reached the house line of the street which he was about to cross, saw a car three or four hundred feet from the intersection and approaching very rapidly; that he looked again when his horses’ front feet were on the footway crossing fifteen feet from the tracks, and saw the car two hundred or two hundred and fifty feet distant, still approaching very rapidly; that he did not look again, but, upon the assumption that he had time to cross in advance of the car, drove upon the tracks at a walk, with the consequence that his sled was struck by the car, and he was injured. In such case the plaintiff was not relieved from his duty to observe care by the assumption, however reasonable, that the mot'orman would check the speed of the car in time to enable him to cross in safety.</p>