Smith v. Philadelphia Rapid Transit Co.

Citations

• 252 Pa. 435
• 97 A. 575
• 1916 Pa. LEXIS 634

Syllabus

<p>Negligence — Street railways — Bicyclist — Collision— Contributory negligence — Binding instructions for defendant.</p> <p>1. In an action against a street railway company to recover damages for the death of plaintiff’s husband, binding instructions were properly given for the defendant where it appeared that at the time of the accident deceased was riding a bicycle in close proximity to defendant’s street car track; that a ear approached from the rear striking the handlebar of the bicycle, causing deceased to fall under the car, killing him; that had deceased looked before going in proximity to the tracks he must have seen the car about thirty feet away and observed the extent to which it overhung the track; and there was no evidence of negligence on the part of the motorman operating the ear.</p> <p>Negligence — Death—Presumption.</p> <p>2. The presumption is that a person who was killed by coming in contact with a car on an electric railway performed the duty which the law east upon him of looking for the car, and if he did and the car was in close proximity to him where he could see it, the further presumption is that he did see it, and in not avoiding it was guilty of contributory negligence.</p>