Thomas v. Citizens Pass. Ry. Co.

Citations

• 132 Pa. 504
• 19 A. 286
• 1890 Pa. LEXIS 844

Syllabus

<p>1. The mere opinion of a witness, who saw a collision between a street car and a carriage but has no knowledge or experience as to the stopping of cars or handling of brakes and lias testified to no specific act of negligence, that the driver of the car could have stopped it upon a descending grade in time to avoid the collision, is of little importance as proof of negligence on the part of the driver: Phila. Traction Co. v. Bernheimer, 125 Pa. 615.</p> <p>(а) The plaintiff, driving a phaeton, attempted to cross a street railway-track in front of a horse car approaching at a trot upon a descending grade. The distance of the car from her at the time was in dispute. Before starting to cross, she knew, from the tinkle of the bells upon the horses, that the car was approaching, but was prevented from seeing it by the curtains of the phaeton. As her horse stepped upon the track she saw the ear, but, concluding that she had time to cross, she kept on.</p> <p>(б) Just before she turned to cross, the driver of the car looked to one side, along a cross street, to see whether there were any passengers upon it desiring to board his car. There was no evidence that his attention was thus diverted unnecessarily or for any unreasonable time. As soon as he saw the plaintiff’s vehicle on the track, he energetically applied the brake and swung his horses over to one side of the track, but, notwithstanding, the car collided with the phaeton before the latter had passed over the rails:</p> <p>2. The fact that in these circumstances the driver failed to stop the car in time to prevent the collision, was not sufficient evidence of negligence on the part of the passenger railway company to justify the submission of the case to the jury; moreover, as the plaintiff was guilty of contributory negligence in thus driving upon the track in front of the moving car, the company would be responsible, if at all, only for a wanton neglect of duty by the driver, of which there was no evidence.</p>