Singley v. Easton Transit Co.

Citations

• 221 Pa. 174
• 70 A. 718
• 1908 Pa. LEXIS 460

Syllabus

<p>Negligence — Street railways — Contributory negligence — Boy on bicycle— Evidence.</p> <p>In an action by a boy thirteen years old against a street railway company to recover damages for personal injuries, it appeared that two cars, one an open summer car which was at the time of the accident used as a motor, and the other a flat car loade.d with rails and attached to the summer car, were standing on a switch on a city street at a place where an east-bound passenger car stopped every fifteen minutes during the day, to allow a car to pass on the main track. The motorman stood on the east platform of the open car facing west in the direction in which he intended to move the cars. The plaintiff was riding east on a bicycle and when near the open car turned from his course to cross the street diagonally and pass behind it. This place was not a regular crossing but was frequently used to reach a subway under a railroad. At the moment he reached the track, the cars were started west and he was struck and injured. There was nothing except the position of the trolley pole to indicate that the car would move west, and anyone not observing this might well suppose the car was a regular passenger car going east or a car out of service. Reid, that the case was for the jury.</p>