Kaechele v. Traction Co.

Citations

• 15 Pa. Super. 73
• 1900 Pa. Super. LEXIS 303

Syllabus

<p>Street railway — Head-on collision — Question for jury.</p> <p>Where a head-on collision results from the traveler using at night the tracks of the trolley company, the exact place and time when and where the traveler should have turned from the track in recognition of the superior rights of the trolley is a question for the jury under the conditions of the case. The traveler in the case at bar was driving on the track because of the roughness of the road; the trolley approached rapidly without a headlight or warning and struck plaintiff.</p> <p>Street railway — Measure of care exacted.</p> <p>It is the duty of the railways to exercise such watchful care as will prevent accidents or injuries to persons who, without negligence on their part, may not at the moment be able to get out of the way of a passenger car.</p>