Smith v. Phila. Traction Co.

Citations

• 3 Pa. Super. 129
• 1896 Pa. Super. LEXIS 116

Syllabus

<p>Streets — Railways and travelers — Respective rights of.</p> <p>The right of railway companies to the surface of streets covered by tracks is superior to that of the public, but this higher right in no way absolves the company from the greater care east upon it because of the increased speed of trolley cars on crowded thoroughfares.</p> <p>All have a right to use the streets for passage, with a reasonable concession to the rights, needs and conveniences of each other and regardful of the restrictions, facilities and purposes of the modes of travel employed.</p> <p>So long as the right of common user of the tracks exists in the public, it is the duty of passenger railway companies to exercise such watchful care as will prevent accidents or injuries to persons, who, without negligence upon their own part, may not at the moment be able to get out of the way of a passing ear. The degree of care to be exercised must necessarily vary with the circumstances and therefore no unbending rule can be laid down.</p> <p>Street railways — Exacting duties of motorman.</p> <p>Very much depends upon the care of the motorman. He should always be on the alert to avoid danger, and his attention never should be diverted from his duties. He should keep his eye constantly on the track before him. If he is permitted to gaze at the houses or other objects while the car is in motion and an accident occurs by reason of such conduct, the company employing him must expect to be held responsible.</p> <p>Street railways — Negligence—Conduct of motorman — Question for jury.</p> <p>Where, under the evidence, the jury might have found that the driver did all in his power to leave the track upon seeing the car approach, and that the motorman was looking to the side of the street instead of in front, while the car was running very fast, the case was one for the jury under proper instructions.</p>