· 4/23/1900

McCauley v. Philadelphia Traction Co.

Citations

  • 13 Pa. Super. 354
  • 1900 Pa. Super. LEXIS 158

Syllabus

<p>Street railways — Contributory negligence — Rule of Carroll v. R. R.</p> <p>The rule to “stop, look and listen ” applicable to the crossing of steam roads, applies only in part to the crossing of street railways. There is always the duty to look for an approaching car and if the street is obstructed to listen, and in some situations to stop, and a plaintiff must be held to have seen that which was obvious.</p> <p>The facts being undisputed the defendant was entitled to binding instructions when it appears that plaintiff in crossing a street was struck by the car just as she stepped upon the track, the view of which was unobstructed. Carroll v. R. R. followed.</p>

Judges: Beaver, Beeler, Orlady, Porter, Rice, Willson

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