Hanley v. Bakey

Citations

• 77 Pa. Super. 36
• 1921 Pa. Super. LEXIS 202

Syllabus

<p>Negligence — Automobiles — Trolley cars — Automobile passing trolley car discharging passengers — Injury to passenger alighting —Contributory negligence — Case for jury.</p> <p>In an action to recover damages for injuries sustained by a passenger alighting from a trolley ear, who wás struck by defendant’s automobile, the case is for the jury and a verdict for plaintiff will be sustained.</p> <p>In such case, the negligence of the defendant and the contributory negligence of the plaintiff raised a question of fact to be submitted to the jury.</p> <p>When a motor vehicle meets or overtakes a street railway passenger car, which has stopped for the purpose of taking on or discharging passengers, it is the imperative duty .of the motor vehicle to stop, and so remain until passengers are given a fair opportunity to pass from the ear to the curb. The passenger, being lawfully on the public highway, is justified in relying on the exercise of reasonable care by the driver of the automobile to avoid injury, and a failure to anticipate this flagrant disregard of a statutory duty, does not constitute contributory negligence</p>