Gilmore v. Federal Street & Pleasant Valley Passenger Railway Co.

Citations

• 153 Pa. 31
• 31 W.N.C. 507
• 25 A. 651
• 1893 Pa. LEXIS 1044

Syllabus

<p>Neglige,nee — Street railway — Bight of public to use tracks.</p> <p>The public have a right to use street railway tracks in common with the railway companies, and it is the duty of the company to exercise such watchful care as may prevent accidents or injury to persons who, without negligence on their own part, may not at the moment be able to get out of the way of a passing car.</p> <p>Contributory negligence — Leaving horse unattended on track.</p> <p>A person is guilty of contributory negligence who leaves a horse and wagon unguarded upon the track of an electric street railway in a narrow and unlighted alley on a dark night, and he cannot recover for injuries to the horse and wagon, although the railway company was also negligent in running the car at a rate of speed that did not permit its stoppage within the distance covered by its own headlight.</p>