Schmidt v. Philadelphia Rapid Transit Co.

Citations

• 253 Pa. 502
• 98 A. 691
• 1916 Pa. LEXIS 877

Syllabus

<p>Negligence ■ — ■ Street railways — Collision — Car — Car turning corner — Overhang—Speed ordinance — Contributory negligence — Case -for jury.</p> <p>1. The driver of a vehicle has the right to rely on the custom of street cars to stop, or at least the duty to reduce the speed, at a comer at the safety stop limit fixed by city ordinance. Even in the absence of such custom, or requirement, it is the duty of the operator of street cars to exercise proper care, depending upon the condition of the street and traffic at any particular point, and especially at crossings.</p> <p>2. In an action against a street railway company to recover damages for personal injuries sustained by the driver of a cart in a collision with one of defendant’s cars, the questions of defendant’s negligence and of the plaintiff’s contributory negligence are for the jury and a verdict and judgment for the plaintiff will be sustained where it appears that the plaintiff and the street par approached the crossing in opposite directions on the same street, the plaintiff arrived first at the crossing and defendant’s car, which was being run at a rate of from 25 to 30 miles an hour, turned into an intersecting street, without reducing its speed, struck the plaintifE’s cart which was near the curb on the right side of the street, with the overhang of the rear of the car and threw plaintiff from his cart, causing the injuries complained of.</p> <p>3. In such case, although plaintiff was not justified in making close calculations of chances, he was not bound to stop and wait until the car which was In sight at a distance had passed.</p>