Rauscher v. Philadelphia Traction Co.

Citations

• 176 Pa. 349
• 35 A. 138
• 1896 Pa. LEXIS 1082

Syllabus

<p>Negligence — Contributory negligence — Charge of court — Inadequate instruction.</p> <p>In an action of trespass for personal injuries occasioned by being struck by a street ear, plaintiff testified that at a crossing he attempted to cross a street on which there were two street car tracks upon which cai-s ran in opposite directions; that before he stepped upon the track he stopped, looked and listened; that he crossed the west bound track, heard a noise behind him and, as he turned to ascertain the cause, was struck by a car running thereon; that the cars were going at a furious rate of speed without sounding a gong. He was contradicted as to speed and signals by a number of witnesses and corroborated by none. The court instructed the jury that “plaintiff says ho stopped, looked and listened, a precaution which a man is bound to exercise before crossing a crowded thoroughfare ; and after he does that, he does his whole duty and that is all he can be expected to do.” Held, (1) that the attention of the jury, in submitting to them the question of defendant’s negligence and plaintiff’s contributory negligence, should have been particularly directed to the evidence upon which this question was to be determined by them; (2) that the instruction of the court was inadequate and misleading; (3) that the fact that he looked and listened before crossing the street, did not excuse his want of ordinary care while crossing it.</p>