Fritch v. Pittsburgh Railways Co.

Citations

• 239 Pa. 6
• 86 A. 526
• 1913 Pa. LEXIS 513

Syllabus

<p>Negligence — Street railways — Contributory negligence — Alley.</p> <p>Where a street railway company has constructed tracks on an alley with a cartway twenty-two feet wide, and with one pavement only, less than three feet wide, it must in operating its cars on a curve entering such alley exercise the highest care, and this is especially so where it appears that the fenders of its cars in rounding the corner covered not only the entire cartway, but extended two or three inches over the curb of the pavement. If a pedestrian not familiar with the locality steps from the pavement on to the cartway so as to make room for another person, and puts only one foot on the cartway within a couple inches of the curb, and in such position is struck and injured by a car rounding the curb behind him, he is entitled to have his case go to the jury, and a verdict and judgment in his favor will be sustained.</p>