Tozer v. Altoona & Logan Valley Electric Railway Co.

Citations

• 45 Pa. Super. 417
• 1911 Pa. Super. LEXIS 59

Syllabus

<p>Negligence—Street railways—Death—Contributory negligence—“ Stop, looh and listen.”</p> <p>1. Where a street railway company operates a street car on the main street of a borough at a speed of from fifteen to twenty miles an hour, with no headlight, and no gong rung at an intersecting street, and a pedestrian is killed, there is sufficient evidence of the company’s negligence to submit to the jury; but if it appears from the uncontra-r dieted testimony that the deceased had an unobstructed view along the track for a distance of from 600 to 800 feet in the direction from which the car came, and that if he had looked he could have seen the car in time to save himself, no recovery can be had for his death.</p> <p>2. While the rule to stop, look and listen, applicable to the crossing of steam roads applies only in part to the crossing 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 stop. It is vain for a man to say that he looked and listened, if, in despite of what his eyes and ears must have told him, he walked directly in front of a moving car, whether it be a steam locomotive or an electric car.</p>