Short v. Philadelphia Rapid Transit Co.

Citations

• 68 Pa. Super. 357
• 1917 Pa. Super. LEXIS 129

Syllabus

<p>Negligence — Street railways — Eight angle collision between carriage and car — Contributory negligence — Case for jury.</p> <p>A street railway company has a superior right to the use of that portion of the streets occupied, by its tracks; but this right is qualified by that of pedestrians and travelers with vehicles, to cross the track in the exercise of care.</p> <p>A traveler about to cross a street at a regular crossing is not bound to wait simply because a car is in sight. He may presume that the car will be run at the usual speed; and if he has time to cross with the car running at such speed, he cannot bé charged with negligence as a matter of law if he proceeds and is struck by the car running at an unusual speed.</p> <p>Plaintiffs may recover in an action againgt a street railway company for injuries from a right angled collision between a two-horse carriage and a trolley car where the plaintiff’s carriage is driven out of a 80-feet wide street, and the driver sees an approaching car on a 50-feet wide street half way between two streets, when his horses’ heads are within three feet of the car track, and the pavements are slippery with ice or snow piled up on each corner of the scene of the accident</p>