Nugent v. Philadelphia Traction Co.

Citations

• 181 Pa. 160
• 37 A. 206
• 1897 Pa. LEXIS 520

Syllabus

<p>Negligence — Street railways — Grossing tracks.</p> <p>In an action against a street railway company to • recover damages for personal injuries, it appeared that the plaintiff was injured about 8 o’clock in the evening while attempting to cross from the south side to the north side of a street upon which the defendant operated a double track street railway. At the time of the accident plaintiff was somewhat affected by drinking. He testified that he stood upon the south side of the railway tracks at the west crossing. He looked up and down the street to see if he could safely cross. He saw some wagons directly in front of him on the southern or east bound track. He also saw a car approaching from the west at what he considered a safe distance from the crossing. As soon as the wagons moved out of his way, he started to cross and, without looking for a car approaching from the east, he crossed the southern track and the space between the tracks, and while upon the northern track, he was struck by a west bound ear and received the injury complained of. The testimony showed that he stepped upon the northern track some six or seven feetin front of a slowly moving car which was well lighted and provided with an automatic bell. The motorman instantly hallooed to him. It was impossible for the motorman to have slopped the car in time to prevent the accident. Held, (1) that as the facts were practically uncontrovorted, a question of law was raised which it was for the court to decide; and (2) that binding instructions should have been given for the defendant.</p>