Piatt v. Pittsburg Railways Co.

Citations

• 219 Pa. 583
• 69 A. 72
• 1908 Pa. LEXIS 626

Syllabus

<p>Negligence — Street railway — Crossing—“Stop, look and listen” — Non-suit.</p> <p>In an action against a street railway company to recover damages for personal injuries, it appeared that plaintiff was injured in crossing at night a street on which there were two tracks of the defendant's railroad. The street had been excavated to the subgrade for the purpose of repairing it and the ties of the railway tracks were exposed. The plaintiff waited near the track until a car had passed on the track farther from him and was struck by a car going in the opposite direction on the nearer track. He had not crossed the first rail of the track, but was in the act of lifting his foot over it when he was struck. Held, that plaintiff was guilty of contributory negligence in running into an approaching car and that a nonsuit was properly entered against him.</p>