Houston Bros. v. Consolidated Traction Co.

Citations

• 28 Pa. Super. 374
• 1905 Pa. Super. LEXIS 204

Syllabus

<p>Negligence — Street railways — Collision between wagon and car — Duty to stop at crossings.</p> <p>The duty to look lor an approaching electric street car at a crossing is an absolute duty, and failure to do so is negligence per se. The duty is not performed by looking when first entering on the street, but continues until the track is reached.</p> <p>The fact that a man is driving more than two horses does not relieve him from the duty of taking reasonable precautions to ascertain whether a car is approaching before he permits his leading horses to start to cross the tracks over which the public are, in the cars, transported.</p> <p>In an action against a street railway company to recover damages for the destruction of horses and a wagon, a nonsuit is properly entered where the evidence shows that the team consisted of three horses, one leading, that the leading horse was two or three feet from the track when the driver reached the building line, and that if the driver had then looked, he would have seen the car, and could have stopped in time to prevent the accident.</p>