Warner v. Peoples' St.-Railway Co.

Citations

• 141 Pa. 615
• 28 W.N.C. 3
• 21 A. 737
• 1891 Pa. LEXIS 1112

Syllabus

<p>1. A street-railway and a person going on foot having each the right ofj way along a public highway, each is bound to be on the lookout for the other; but, as the railway is necessarily confined to its track, the right thereon of the person on foot is subordinate to that of the railway company.</p> <p>(a) The plaintiff, in an action for negligence against a street-railway company, testified that, before entering a cut through a snow-drift along the track of the defendant company in which she was run down and injured, she had looked back for the purpose, and saw no car approaching behind her:</p> <p>2. From the testimony, it was unquestionable that the car which ran her down must have been plainly in sight of her when she entered the cut, a place for unusual caution and vigilance, so that if she looked at all it must have been heedless; she was therefore to be held guilty of contributory negligence, as matter of law.</p>