Gilmartin v. Lackawanna Valley Rapid Transit Co.

Citations

• 186 Pa. 193
• 40 A. 322
• 1898 Pa. LEXIS 979

Syllabus

<p>Negligence — Street railway companies — Sight to use streets — Walking on tranks— Contributory negligence.</p> <p>While city passenger railway companies have not an exclusive right to the use of the parts of the streets occupied by their tracks, they have a right ol way and a right to an unobstructed track for the passage of their cars. In the use of their tracks their rights are superior to those of the public. The convenience of the individual in the use of the part of the street to which the cars are confined must give way to the convenience of the public who use the cars.</p> <p>A'woman is not entitled to recover damages from a street railway company for personal injuries sustained while walking longitudinally along the tracks, where it appears that she was familiar with the neighborhood, and where she testified that she walked between the tracks for her own convenience, looking back for a car which she knew was coming, but which she could not hear by reason of the noise caused by a train passing over an overhead bridge, and that she knew the danger she was in.</p>