Fish v. Stulb

Citations

• 274 Pa. 87
• 117 A. 789
• 1922 Pa. LEXIS 640

Syllabus

<p>Negligence — Automobiles—Gontributory negligence — Dangei— Imminence — Evidence—Case for jury.</p> <p>1. Where by reason of a block of traffic, a trolley car stops some distance from a crossing, and the conductor invites passengers to alight, it is the right as well as the duty of the passengers to reach the sidewalk as expeditiously as possible having due regard to the traffic conditions of the street.</p> <p>2. If the passenger finds the way on the right-hand side of the street, at which he alights, blocked by traffic, he is justified in passing around the front of the standing car to reach the opposite sidewalk.</p> <p>3. In doing so it is his duty to look for approaching vehicles, but the mere fact that he sees an automobile approaching on the left-hand side of the street at a distance of 115 feet when but ten or eleven feet of roadway intervenes between the track and the sidewalk, does not justify the legal conclusion of contributory negligence on his part in starting toward the sidewalk.</p> <p>4. In such ease it is for the jury to say whether the danger was so imminent that a reasonably prudent man would not have ventured ahead.</p>