Smith v. Electric Traction Co.

Citations

• 187 Pa. 110
• 40 A. 966
• 1898 Pa. LEXIS 776

Syllabus

<p>Negligence — Street railways — Collision between trolley car and wagon— Contributory negligence.</p> <p>While street railway companies have not the exclusive use of their tracks at crossings or other parts of the street, their rights are superior to those of the public.</p> <p>In an action against a street railway company to recover damages for personal injuries, it appeared that plaintiff was driving at night in a dark covered wagon in a city street. At the distance of seventy-five feet from the track he could have seen a car approaching. He did see it when he was fifty feet from the track. ’It was heavily loaded, and was approaching on a down grade. He saw it again as his horse was about to step on the track, and noticed that it was near him, but he went on without quickening the pace of his horse. One of his witnesses testified that the car was within twenty feet of him when he drove in front of it, and the plaintiff said it was “ pretty near,” and “ I seen it, but I thought I could get away. The car was supposed to stop.” The car was stopped within a few feet of the place of the accident. Held, that a nonsuit was properly entered. Callahan v. Traction Co., 184 Pa. 425, distinguished.</p>