Pieper v. Union Traction Co.

Citations

• 202 Pa. 100
• 51 A. 739
• 1902 Pa. LEXIS 472

Syllabus

<p>Negligence — Street railways — Look and listen — Collision between car and wagon.</p> <p>When a person driving a wagon with side curtains down, approaches a cross street on which a street railway is operated, it is his duty to be on the lookout for an approaching car, and when on the street, to continue to look until the track is reached, and a single glance when he reaches the flag crossing, out from underneath the cover of his wagon down the cross street, for but fifty or seventy feet, is a mere heedless glance, and not an adequate performance of the duty required by the situation. In such a case if the driver of the wagon does not look again or attempt to do so when he gets on the street and reaches the track, but sits back in his wagon within the curtained sides with the view of a coming car cut off and drives on until his wagon is struck by the car, he cannot recover damages from the street railway company for the injuries sustained.</p> <p>Mestrezat, J., dissents.</p>