Lenkner v. Citizens Traction Co.

Citations

• 179 Pa. 486
• 36 A. 228
• 1897 Pa. LEXIS 673

Syllabus

<p>Negligence — Street railway — Contributory negligence.</p> <p>■ lu an action against a street railway company to recover damages for personal injuries, it appeared that plaintiff, a girl about nineteen years of age, on the day of the accident, was riding in an open one-horse spring wagon on a street on which the defendant operated a double track line of electric cars. Her elder sister was with her and was driving the wagon. As they approached a side street on the west bound track, they were warned by the bell on one of tlie defendant’s west bound cars following on the same track behind them, to turn out. Plaintiff testified that they could not go forward on the track because of an open manhole immediately in front of them, nor could they turn off to the right because that side of the street was blocked with wagons; that they were therefore compelled to turn out to the left upon the east bound track, and as they did so they saw an east bound car approaching them at a point west of the side street; that the motorman in charge of the car did not ring his bell, apply the brake, or give her sister any time to cross the track, and the car struck the wagon, causing the injury complained of. Plaintiff was in the main corroborated by her sister and by another witness who saw the accident. The testimony of some of defendant’s witnesses was to a contrary effect. Held, (1) That the question for the jury was not whether the motorman stopped his oar at the time of the accident, but whether he was negligent in not stopping it before the collision with the wagon occurred; (2) that the questions of the defendant’s negligence and the plaintiff’s contributory negligence were for the jury; (3) that a verdict and judgment for plaintiff should be sustained.</p>