Mease v. United Traction Co.

Citations

• 208 Pa. 434
• 57 A. 820
• 1904 Pa. LEXIS 778

Syllabus

<p>Negligence — Street railways — “ Stop, look and listen ” — Contributory negligence — Nonsuit.</p> <p>In an action against a street railway company to recover damages for personal injuries sustained at a crossing, a nonsuit is properly entered where the plaintiff’s own evidence shows that when at the building line of the street he looked for a car, and saw one a block away, about 480 feet, approaching the crossing; that he drove slowly twenty-eight feet to the track and looked a second time when his horse was on the track, or about to step on it, and saw the car at the middle of the block, and that he drove on at a slow walk, and the front wheel of his wagon was struck almost instantly, according to his own testimony, within a half second of the time he looked.</p> <p>Evidence — Mingling of relevant and irrelevant matter — Practice, C. P.</p> <p>When an offer of evidence contains relevant and irrelevant matter and is made as a whole, the judge is not bound to separate the good from the bad but may reject it all.</p>