Fenner v. Wilkes-Barre & Wyoming Valley Traction Co.

Citations

• 202 Pa. 365
• 51 A. 1034
• 1902 Pa. LEXIS 523

Syllabus

<p>Negligence — Street railways — Contributory negligence — Speed.</p> <p>Where the driver of a wagon having heavy packages to deliver at a store, is compelled by reason of obstructions in the street and on the pavement in front of the store, to back his wagon to the curb so that his horses stand on the track of a street railway, and thus temporarily occupies the street for a legal purpose, he is entitled to have the street cars operated in such a way as not to endanger his life, and if the evidence shows that a car approaches at an excessive rate of speed, without giving a signal, and with the team in full sight of the motorman, and the team is struck and the driver is killed, damages may be recovered from the street railway company for the latter’s death. Under such circumstances the question of the company’s negligence and the deceased’s contributory negligence is for the jury.</p> <p>Where the employees of a street railway company have for many months knowledge of obstructions on a street, it is their duty to take notice of the conditions prevailing along the track, and to run their cars at a rate of speed which will not endanger the safety of those who by reason of the obstructions may bo lawfully on the track.</p>