McGeehan v. Eastern Pennsylvania Railways Co.

Citations

• 235 Pa. 507
• 84 A. 429
• 1912 Pa. LEXIS 576

Syllabus

<p>Negligence — Street railways — Collision between buggy and car.</p> <p>In an action against a street railway company to recover damages for personal injuries, a verdict and judgment for the plaintiff will be sustained where the evidence shows that at the time of the accident plaintiff was riding in a buggy on a dark night along a country road which for a distance of 1,200 feet was practically parallel with the defendant’s tracks, and but a few feet therefrom; that at a point where the tracks curved and crossed the road, the defendant maintained an electric bell which rang automatically when a car was within S00 feet of it; that on the night of the accident the bell was out of order and did not ring, and this condition had been reported to the car dispatcher several hours before; that plaintiff was familiar with the crossing and stopped when about twenty feet from it, and looked and listened for a car and listened for the sound of the electric bell, and continued to look as he advanced to the crossing; that his carriage was struck by a car running in the direction in which he was driving; that trees and underbrush at the side of the road interfered with the view of the tracks; that the car was running at a very rapid rate; and that no notice of its approach was given by gong or whistle.</p>