Spahr v. York Railways Co.

Citations

• 50 Pa. Super. 602
• 1912 Pa. Super. LEXIS 103

Syllabus

<p>Negligence — Street railways — Intermitan railway — Grade crossings— “Stop, look and listen.”</p> <p>1. The courts will not declare that an interurban street railway-operated with unusually large cars intended to be propelled at a high rate of speed has superior rights over the traveling public even at a grade crossing, so that travelers approaching the crossing must be held subject to the same rule as to stopping, looking and listening that applies to travelers approaching the crossing of a steam railroad.</p> <p>2. The rule to stop, look and listen, applicable to the cars of steam roads, applies only in part to the crossings of street railways. There is always the duty to look for an approaching car, and if the street is obstructed to listen, and in some situations to come to a full stop. If a traveler looks and sees an approaching car so near as to make the attempt dangerous, it is his duty to stop; or if when he looks at the edge of the tracks his view is so obstructed that he cannot see it, it becomes his duty to listen, and under some circumstances it may be his duty to stop, if, when he looks and listens he still is in doubt as to the location and movement of the car. If in any of these situations he fails in the performance of the duty required by many decisions, he is guilty of contributory negligence and cannot recover.</p> <p>3. What the driver of a team is required to do after looking depends upon what he sees when he looks, he can take no chance except at his own peril. If, however, when he sees a car so far distant that in the exercise of ordinary prudent judgment he is justified in concluding that he can safely make the crossing, and attempts to do so, it is for the jury to determine whether under the circumstances he should have stopped before attempting to drive over the tracks.</p> <p>4. It is the province of the court to instruct the jury that the omission to exercise such care is negligence, and the province of the jury to determine whether th