Fellers v. Warren Street Railway Co.

Citations

• 26 Pa. Super. 31
• 1904 Pa. Super. LEXIS 255

Syllabus

<p>Negligence — Railways—Track on sidewalk.</p> <p>In an action against a street railway company to recover damages for persona! injuries, it appeared that at the point where the accident occurred, the defendant company maintained a curved switch from the main track over the sidewalk of a street to its barn. It was customary to run cars at a slow and careful speed over the switch; and plaintiff knew of this custom. On the evening of the accident plaintiff approached the switch on the sidewalk. She stopped, saw a car some distance off and judged that she was in perfect safety in attempting to cross. The car, however,, was being moved at an excessive rate of speed and without giving any signal. As plaintiS passed the last rail, the fender of the car struck her. Held, that the question of defendant’s negligence and plaintiS’s contributory negligence was for the jury, and that a verdict and judgment for plaintiS should be sustained.</p>