Gress v. Railway Co.

Citations

• 14 Pa. Super. 87
• 1900 Pa. Super. LEXIS 15

Syllabus

<p>Street railways — Evidence of negligence — Question for jury — Speed of car.</p> <p>The accepted definition of negligence in Pennsylvania is “the absence of care according to circumstances.” The case was properly for the jury in an action for negligence where the evidence showed that at the point where the accident occurred defendants’ double track street railroad occupies the entire width of a township road along a hillside; that the outside track was in a dangerous condition, unsafe for travel either by cars or other vehicles and that this required the plaintiff to drive on the inside track and that it was this necessity which occasioned the accident. The main question in the case being that of defendant’s negligence and the only alleged ground being the speed of the ear, there being testimony that the car on an ascending grade was running at such speed as to carry the horse, buggy and occupants 100 feet, this of itself was some evidence of negligence and was sufficient to carry the case to the jury, the other circumstances being such as to demand extreme care on the part of the defendant.</p>