Lott v. Frankford & Southwark Pass. R. R.

Citations

• 159 Pa. 471
• 28 A. 299
• 1894 Pa. LEXIS 870

Syllabus

<p>Negligence — Street railways — Whistle—User of streets.</p> <p>Where the public and a street railway company have a common user of a street, it is the duty of the railway company to exercise such watchful care as will prevent, as far as possible, accidents or injuries to persons and property. In such circumstances, a greater degree of care on the part of the railway company, as well as the public, is required; but the degree of care varies with the circumstances of each case.</p> <p>In an action against a street railway company to recover damages for an injury to a team of horses and a wagon, it is proper to submit the ease to the jury, where there is evidence that defendant’s engineer, on a dummy engine, sounded the whistle of the engine in an unusual and extraordinary manner as he approached plaintiff’s wagon, which was on the other track, and that plaintiff’s horses were thereby frightened and ran in front of the engine, resulting in the injuries for which the suit was brought.</p>