Fane v. Philadelphia Rapid Transit Co.

Citations

• 228 Pa. 471
• 77 A. 806
• 1910 Pa. LEXIS 511

Syllabus

<p>Negligence — Street railways — Passenger—Right angle collision— Evidence — City ordinances — Rules of company — Fire engines.</p> <p>1. Where an injury has been caused by the omission of a duty imposed by an ordinance relating to the act complained of, the failure to comply with the, ordinance may be ground for an inference of negligence, and the ordinance itself is admissible, but merely as evidence of negligence.</p> <p>2. In an action against a street railway company to recover damages for personal injuries received by a passenger in a car which was struck in a right angle collision at intersecting street crossings by a fire engine, a city ordinance giving fire engines the right of way on street railway tracks is properly excluded as not pertinent to the issue.</p> <p>3. Tn such a case it is not reversible error for the court to exclude a rule of the company requiring cars to stop while fire engines are passing and a municipal ordinance requiring cars to stop at the near side of main streets, where the charge of the court places as high a degree of care on the motorman, as that imposed by the rule and ordinance and there is nothing in the evidence to show that failure to observe either was the proximate cause of the accident.</p>