McVaugh v. Philadelphia Rapid Transit Co.

Citations

• 221 Pa. 518
• 70 A. 822
• 1908 Pa. LEXIS 525

Syllabus

<p>Negligence — Street railways — Crossing tracks — Death—Contributory negligence — Nonsuit.</p> <p>In an action against a street railway company to recover damages for the death of plaintiff's husband, it appeared that at the time of the accident the deceased walked slowly from the sidewalk of a street on which were two street car tracks. He crossed the nearest track in front of an approaching south bound car which came to a standstill within a few feet of the place where he crossed. The motorman of this car testified that he saw an approaching north bound car, and warned the deceased as he was passing, and the latter responded, “Oh, all right.” He then stepped across the first rail of the next track but instead of drawing back, or proceeding rapidly straight ahead to clear the second track, he turned to the left and turned back into the space between the two tracks, and while standing there was caught between the two cars and killed. Held, that a nonsuit was properly entered.</p>