Underwood v. Pittsburgh Railways Co.

Citations

• 238 Pa. 332
• 86 A. 184
• 1913 Pa. LEXIS 966

Syllabus

<p>Negligence — Contributory negligence — Street railways — Bight angle collision — Warning—Credibility of witness.</p> <p>1. In an action by a woman against a street railway company to recover damages for injuries which she sustained by a collision with a car at a street corner crossing in a city, the plaintiff is not entitled to have her case go to the jury, where it appears that the car stopped to discharge and take on passengers when'but twenty-seven feet from her, within her unobstructed view, and then started up at a rate of speed about as fast as a man would ordinarily walk, after notice from a policeman at the corner to the motorman to come on, and the credible evidence in the case shows that the gong was sounded, although the plaintiff herself testifies that no gong was sounded and that she looked and saw no car.,</p> <p>2. In such a case where the plaintiff’s testimony that no gong was sounded is contradicted by the affirmative testimony of all of defendant’s witnesses, and is supported merely by the negative testimony of one of the plaintiff’s witnesses, and the plaintiff’s statement that she looked and saw no car is wholly and absolutely discredited by her own testimony and testimony of the other witnesses in the case, her statement that no gong was sounded is also wholly discredited, and cannot be permitted to support a verdict in her favor.</p> <p>3. Where a woman steps in front of a street car which she knew was approaching and is run down by it she is guilty of contributory negligence and cannot recover from the railway company; and it is immaterial whether she was struck when she stepped on the track, or by the fender before she came to the track.</p> <p>4. The fact that a particular street crossing is an exceedingly dangerous place and is frequented by a great many people, does not justify carelessness in a pedestrian in crossing the street in front of an approaching car.</p>