Hope v. Southern Pennsylvania Traction Co.

Citations

• 270 Pa. 115
• 112 A. 920
• 1921 Pa. LEXIS 335

Syllabus

<p>Negligence—Street railways—Car side-swiping wagon — Contributory negligence—Case for fury.</p> <p>1. In an accident case, where it appeared plaintiff’s wagon was side-swiped by defendant’s electric car going at a high rate of speed, at a point where the roadway outside of the tracks was of sufficient width to permit the passing of two vehicles only, it was the motorman’s duty, with the wagon in full view in front of him, to anticipate that, in passing vehicles approaching in the opposite direction, plaintiff must necessarily drive close to the tracks, and he (the motorman) must not only give warning of his approach, hut also have his car under such control as the dangers of the situation seemed reasonably to require.</p> <p>2. Plaintiff had a right to use the road and to turn towards or upon the tracks if necessity required, subject, however, to the duty of looking for approaching cars and taking proper precaution to avoid a collision,</p> <p>3. In such case, the question of defendant’s negligence and plaintiff’s contributory negligence is for the jury.</p>