Gavin v. Philadelphia Rapid Transit Co.

Citations

• 271 Pa. 73
• 113 A. 832
• 1921 Pa. LEXIS 457

Syllabus

<p>Negligence — Street raihuays — Pedestrians—Grossing over tracks between crossings — Relative rights of railway company and pedestrians — Speed.</p> <p>1. A street railway company has the dominant right to the use of its tracks on a public highway.</p> <p>2. A pedestrian cannot be held negligent, as a matter of law, in attempting to cross a street between the regular crossings, but in exercising his right he must have due regard to the conditions of the traffic before he enters on the cartway.</p> <p>3. A motorman has the right to believe that, between crossings, pedestrians will recognize the superior right of travel of the railway car, and will not negligently attempt to cross in the path of a car in full view; but a motorman must not recklessly run down a pedestrian between crossings.</p> <p>4. The speed of twenty miles an hour between crossing! was held not excessive under the circumstances of this case.</p>