Harris v. Commercial Ice Co.

Citations

• 153 Pa. 278
• 25 A. 1133
• 1893 Pa. LEXIS 1090

Syllabus

<p>Contributory negligence — Pedestrians in streets.</p> <p>While the rule of “stop, look and listen” has not been applied to pedestrians as to travel on streets, yet, where a pedestrian is about to step into a cartway, he must remember that horses and vehicles have a right of way there, to which he must give due attention, or he will be barred of complaint as to the consequences.</p> <p>In an action to recover damages for personal injuries caused by collision with a wagon, it appeared from plaintiff’s testimony that the wagon was coming along the street very rapidly, and that plaintiff was struck by the wheel almost at the instant he put his foot on the cartway. One witness testified that he saw plaintiff “ leaving the curb, and almost instantly he was struck by the ice wagon.” Another witness testified that he saw plaintiff “ about putting his foot on the crossing, and just as he got his foot over, and he had hardly got his other foot over, the wagon struck him with the front wheel.” This testimony was not contradicted. Held, that plaintiff was guilty of contributory negligence, and that the case should be taken from the jury.</p> <p>Mr. Justice Sterrett dissented.</p>