Yevsack v. Lackawanna & Wyoming Valley Railroad

Citations

• 221 Pa. 493
• 70 A. 837
• 1908 Pa. LEXIS 520

Syllabus

<p>Negligence — Electric railway — Street railway — “Stop, look and listen” —Contributory negligence.</p> <p>A person who walks in front of a moving car which he saw or could have seen by the exercise of the reasonable care which the law requires, will be conclusively presumed to have been negligent.</p> <p>Where a passenger alights from an electric car at a point where there' are platforms along the tracks, and a passageway extending from one platform to the other, and goes behind the car from which he alights ■ and is struck by a ear on the next track, he cannot recover, if it appears either that he did not look for the car, or seeing it, took the chance of crossing in front of it. In such a case the fact that the passageway was provided by the railway company for the use of persons going from one platform to the other, is a fact, to be considered in determining the passenger’s negligence, but it does not relieve him from the exercise of' reasonable care. The care required in its use is not the ordinary care required of a passenger who must cross a track, between his train and the station, but the greater care of a person at a crossing over, which he knows trains constantly pass.</p>