Jerdon v. Philadelphia Rapid Transit Co.

Citations

• 260 Pa. 275
• 103 A. 733
• 1918 Pa. LEXIS 504

Syllabus

<p>Negligence — Street railways — Pedestrian—■Grossing—Excessive speed — Failure to sound warning — Contributory negligence — Non-suit.</p> <p>1. The fact that a street ear is operated at a high rate of speed is not negligence per se.</p> <p>2. In an action by a pedestrian against a street railway company to recover for personal injuries sustained by being struck by a trolley ear at a street crossing, a compulsory nonsuit was properly entered where the negligence alleged was in running the car at an excessive speed and the defendant’s failure to give signals or warning, but where it appeared that, as the night was clear and the car visible for two blocks from the point of the collision, plaintiff must have seen the car had he looked before attempting to cross the street.</p>