Kirschbaum v. Philadelphia Rapid Transit Co.

Citations

• 73 Pa. Super. 536
• 1920 Pa. Super. LEXIS 58

Syllabus

<p>Negligence — Collision with trolley car — Automobile—Negligence of driver — Contributory negligence of passenger.</p> <p>Although a driver’s negligence should not be imputed to the passenger, the latter is not relieved from all responsibility. It is incumbent upon him to exercise reasonable care, and not to sit quietly and see danger that is plainly imminent, and not take means of escaping it. A passenger is chargeable with the driver’s negligence in so far as he concurs therein, and a failure to take reasonable precautions, or to warn the driver of threatened danger renders him chargeable, as a matter of law, with contributory negligence.</p> <p>A passenger riding in his employer’s wagon, driven by a co-employee, who consented without protest to the driver’s proceeding to cross a trolley track, when both he and the plaintiff saw an eastbound street car approaching at a distance of 75 feet, is guilty of contributory negligence.</p> <p>Although a passenger is not required to exercise the same high degree of care and constant watchfulness as the driver of the vehicle, he must exercise a reasonable degree of caution and, when occasion requires, warn the driver of threatened danger and he may, as matter of law, be chargeable with contributory negligence even if he has done nothing.</p>