Potter v. Scranton Railway Co.

Citations

• 19 Pa. Super. 444
• 1902 Pa. Super. LEXIS 126

Syllabus

<p>Negligence — Street railways — “ Stop, look and listen ” — Contributory negilgence.</p> <p>In crossing the track of an electric street railway it is a duty to look, listen, and, if necessary, stop. The looking must be done just before entering upon the track, or at the very edge of the track.</p> <p>In an action against a street railway company to recover damages for injuries to horses a judgment for the defendant non obstante veredicto is properly entered where it appears from the plaintiff’s own testimony, that at the time of the accident he was driving a team of horses and approached a street on which a single track was laid which was used for travel in both directions and at a steep grade; that when at a distance of twenty or thirty feet from the track he looked up and down and saw no car in either direction; that he proceeded looking down, but not up the track, until the front feet of his horses were across the first rail when he heard a whistle, looked up the grade and saw a car approaching; that he attempted to swing his horses to the left, whereupon the off horse was struck and killed, and the other horse seriously injured.</p>