Farquhar v. Webster, Monessen, Bellevernon & Fayette City Street Railway Co.

Citations

• 50 Pa. Super. 536
• 1912 Pa. Super. LEXIS 91

Syllabus

<p>Negligence — Street railways — Automobiles—Passenger in automobile— Contributory negligence.</p> <p>In an action against a street railway company to recover damages for the death of plaintiff’s wife and injuries to his children, resulting from a collision between one of defendant’s cars and an automobile in which the plaintiff and his family were riding as friendly guests of the owner and driver of the machine, no recovery can be had, where the evidence shows that the accident occurred at night at a point with which the plaintiff was familiar; that it was caused by the negligence of the driver in not stopping, looking and listening before going upon the railway track, although the headlight of the car had been seen; that the driver had consulted with the plaintiff as to the propriety of crossing and the latter had made no objection; and that he had made no request of the driver to stop and let him and his family out of the automobile.</p>