Ritter v. Pittsburg Railways Co.

Citations

• 230 Pa. 249
• 79 A. 549
• 1911 Pa. LEXIS 597

Syllabus

<p>Negligence — Street railways — Instructions—Appeals—Assignments of error.</p> <p>1. In an action to recover damages for death, wherein the verdict of the jury was for the defendant, whether on appeal assignments of error relating to instructions of the court should be sustained, is immaterial where from the evidence the conclusion is irresistible that the accident was due to decedent’s failure to observe ordinary care under the circumstances.</p> <p>Negligence — Street railways — Contributory negligence — Crossings— “Stop, looh and listen.”</p> <p>2. In an action to recover damages for death resulting from a collision with a street car, binding instructions should be given for the defendant where it appears that the car could have been seen approaching for more than a block and that the deceased started from a store on the south side of a fifty feet wide, doubled tracked street to cross it diagonally as the car was approaching on the north side track, and that when he was struck he was at the first rail of that track at his horse’s head, trying to back him. Such a case falls within the rule laid down in Carroll v. Railroad Company.</p>