Grupp v. Philadelphia Rapid Transit Co.

Citations

• 42 Pa. Super. 271
• 1910 Pa. Super. LEXIS 326

Syllabus

<p>Negligence — Street raihoays — “Stop, look and listen” — Right angle collision.</p> <p>1. A traveler about to cross a street at a regular crossing is not bound to wait simply because a street car is in sight. Where the car is at such a distance from the traveler that he has sufficient time to cross, if the car is moving at the usual speed, he ought not to be charged with negligence as a matter of law if he proceeds.</p> <p>2. Where the driver of a wagon in approaching a crossing looks, after he has cleared the house line, and sees a car three hundred feet away, and again looks as his team reaches the track and sees the car two hundred feet away, and he proceeds and the wagon is struck, the question of the driver’s contributory negligence is for the jury.</p> <p>Evidence — Conflicting testimony — Number of witnesses — Case for jury. *</p> <p>3. Where a witness makes a clear and direct averment of a fact, and this averment is positively contradicted by four other witnesses, the averment of the single witness must be submitted to the jury notwithstanding the preponderance of the contradictory evidence.</p>