Griffith v. Philadelphia Rapid Transit Co.

Citations

• 267 Pa. 81
• 110 A. 76
• 1920 Pa. LEXIS 812

Syllabus

<p>Negligence — Street railways — Grade crossing — Pedestrian—Looh and listen — Stepping in front of moving car — Contributory negligence per se — Presumption—Anticipating negligence of others.</p> <p>1. It is the fixed duty of a pedestrian to look; and, if necessary because of obstruction to vision, to listen, before stepping upon the track of a street railway; not to do so is negligence per se and bars recovery. The proper place to look is when close to the track or at the edge of the track.</p> <p>2. One who knows that a street railway car is approaching and stops in its path without observation as to its speed or position, is guilty of negligence; and the rule that a pedestrian is not bound to anticipate negligence on behalf of the railway company, cannot excuse his own failure to perform an inflexible duty. Where there is no evidence upon the subject, the presumption is that the traveler at the crossing performed his duty.</p> <p>3. In an action against a street railway company to recover damages for personal injuries, plaintiff cannot recover where the evidence shows that at the time of the accident she walked south, on the east sidewalk of a north and south street, until she reached the north curb of an east and west avenue on which defendant operated a double track street railway; she looked west and Saw a car approaching on the eastbound (south) track, about 150 feet from the crossing; at the same time, seeing people standing on the south side of the avenue in line with the west sidewalk of the street, and where eastbound cars were accustomed to receive passengers, she started to run across the avenue in line with the east walli; on the north and south street, and continued her course without pausing or again looking, until she had nearly crossed both tracks, when she was struck by the car which she had seen approaching, which had not stopped at the intersection, nor given warning of its approach until just before the accident; the car was moving at ordinar