Timler v. Philadelphia Rapid Transit Co.

Citations

• 214 Pa. 475
• 63 A. 824
• 1906 Pa. LEXIS 684

Syllabus

<p>Negligence — Street railways — Side collision — “Stop, look and listen”— Contributory negligence.</p> <p>When the driver of a team at the intersection of two city streets, fails to look immediately before going upon street railway tracks, he is guilty of contributory negligence.</p> <p>In an action against a street railway company to recover damages for personal injuries, it appeared that plaintiff was injured while crossing in a wagon the tracks of a street railway at the intersection of two streets. Plaintiff looked twice and saw the car rapidly approaching. He first saw it a little more than 300 feet away. He drove on about ten feet and stopped, and then saw the car a little more than 200 feet distant. At the time he last looked it was necessary for him to travel thirty-two feet to clear the tracks. Held, that it was the duty of the driver to stop a third time before going on the track, and that in failing to do so he was guilty of contributory negligence, and could not recover.</p> <p>Mestrezat and Potter, JJ., dissent.</p>