Kennewig v. Pittsburgh Railways Co.

Citations

• 239 Pa. 250
• 86 A. 702
• 1913 Pa. LEXIS 546

Syllabus

<p>Negligence — Street railways company — Persons beside tracks — Highways — Unpaved walk — Blind woman — Duty of care — Case for jury.</p> <p>1. In an action by husband and wife to recover damages for personal injuries sustained by the wife by reason of her being struck by the running-board of a car coming from the rear, the case is necessarily for the jury where it appears that at the time of the accident the injured woman was walking upon a public street having a cinder walk three or four feet wide, for the use of pedestrians, on the right side of the inbound tracks of the defendant company; that there was no pavement other than the cinder walk which pedestrians could use; and there was no well-marked division line between the cinder walk and the tracks of the street railway company.</p> <p>2. In such a ease the conditions required an unusual degree of care to be exercised by both parties to the controversy and whether either or both failed in the performance of that duty was a question for the jury.</p>