Odbert v. Webster, Monessen, Bellevernon & Fayette City Street Railway Co.

Citations

• 50 Pa. Super. 525
• 1912 Pa. Super. LEXIS 90

Syllabus

<p>Negligence — Street railway — Automobile—Collision between car and machine — Contributory negligence.</p> <p>1. In an action against an electric street railway company to recover damages for personal injuries sustained in a right angle collision between one of defendant’s cars and an automobile which the plaintiff was driving, no recovery can be had where the evidence shows that the accident happened on a dark night; that the electric lights within the car and the headlight in front were burning; that the side windows of the car were open; that the ear made considerable noise; that the plaintiff had seen the headlight a few seconds before the accident at two different points but had not stopped; and that when the automobile was crossing, it bore so much to the right that the right hand wheels ran off the planks at the crossing.</p> <p>2. In such a case it was the duty of the plaintiff to stop, look and listen when he reached the crossing, and having failed to do so he was guilty of contributory negligence. The fact that the car was running at the time from twenty-five to thirty miles an hour is immaterial, and does not relieve the plaintiff of the charge of contributory negligence.</p>