Hill v. Philadelphia Rapid Transit Co.

Citations

• 271 Pa. 232
• 114 A. 634
• 1921 Pa. LEXIS 487

Syllabus

<p>Negligence — Street railways — Automobile—Collision—Evidence —Guest in automobile.</p> <p>1. In an action by a guest in an automobile against a street railway company to recover for personal injuries sustained by a. collision between the automobile and a street ear, no recovery can be bad, where tbe evidence shows that tbe proximate cause of tbe accident was tbe failure of tbe driver to have bis car under proper control and in not making proper observations before reaching tbe rails, and it appears plaintiff was familiar with tbe surroundings, with an adequate opportunity to make observations, and, to some extent, control the actions of tbe driver, and that be sat by, without protest, and permitted tbe driver to operate tbe vebiele in approaching tbe crossing in a reckless and careless manner; bis failure to interfere and stop tbe driver, is a voluntary joining in a negligent undertaking.</p>