Lumis v. Philadelphia Traction Co.

Citations

• 181 Pa. 268
• 37 A. 414
• 1897 Pa. LEXIS 540

Syllabus

<p>[Marked to be reported.]</p> <p>Negligence — Street railways — Contributory negligence — Defeat vn street.</p> <p>In an action against a street railway company to recover damages for personal injuries, it appeared that plaintiff, a woman, pushing a baby carriage with a little child in it, started from the north side of a street to cross two tracks of the railway. At the time of the accident a trench had been opened which extended westward from the western crossing stones, a little to the south of the railway tracks. The dirt from the trench was thrown up between it and the southern track. There were three lines of crossing stones, some of which, across the trench, were torn up. The stones which had been taken up were lying upon those still in place. About three or four feet to the east of the crossing was a manhole in a direct line with the trench. The space between the flagstones and the manhole was clear, and was sufficient for the baby carriage to pass through. When the plaintiff reached the second track she heard a car about a half square away; she got off the track, pushed the carriage off also, changed its course, and, without looking where she was moving, fell into the manhole while the car was still moving, although it stopped at a distance of ten or fifteen feet away from the crossing. Held, that the plaintiff was guilty of contributory negligence, and could not recover.</p> <p>It is the duty of every pedestrian upon a public highway to use reasonable care for his own safety and to avoid an open or apparent danger.</p>