McCartney v. Union Traction Co.

Citations

• 27 Pa. Super. 222
• 1905 Pa. Super. LEXIS 40

Syllabus

<p>Negligence — Street railways — “Stop, look and listen” — Driving on track— Contributory negligence.</p> <p>Where a driver of a vehicle approaches a cross street on which an electric railway is operated, with the intention of turning in on the track, it is his duty after passing the house line to look, and if necessary to bring his horse to a full stop before going upon the track. If without stopping he goes upon the track and suddenly sees the headlight of a car within five feet from his horse, and the car immediately strikes the horse, he is guilty of contributory negligence, and it is vain for him to say that he looked steadily down the unobstructed street and failed to see the headlight.</p> <p>It is the law of Pennsylvania that in crossing the track of a trolley company, it is a duty to look, listen and if necessary stop; and it is also settled that the looking must be done before entering upon the track, or at the very edge of the track.</p>