McPhillips v. Union Traction Co.

Citations

• 19 Pa. Super. 223
• 1902 Pa. Super. LEXIS 69

Syllabus

<p>Negligence — Street railways — Collision between car and wagon — Contributory negligence — Look and listen.</p> <p>In an action against a street railway company to recover damages for. personal injuries, the plaintiff cannot recover, where it appears from evidence offered by the plaintiff that he drove deliberately out of a driveway, in the middle of a block into a street upon which were the two tracks of the defendant company; that he looked and saw an approaching car about three quarters of a block distant, when the front wheels of his dearborn wagon were at the curb, some sixteen feet from the nearest track; that he then turned slowly to the west, and instead of keeping clear of the track, swung over the first rail, whereupon his horse was almost instantly struck, and plaintiff himself injured.</p>