Young v. Philadelphia Rapid Transit Co.

Citations

• 248 Pa. 174
• 93 A. 950
• 1915 Pa. LEXIS 538

Syllabus

<p>Negligence — Street railways — Collision—Private driveway — Vehicle struck coming from driveway — Contributory negligence— Duty of person controlling source of danger — Reliance on use of due care — Case for jury. ■ '</p> <p>1. Although no one has a right carelessly to put himself in a position, of danger, relying entirely on the assumption that another who controls the sources of such danger will see to his protection, yet, the law recognizes the abstract right of everyone who takes due care according to the circumstances ip. which he is placed to act upon the principle that others will do likewise; the extent of the application of this principle, depends upon the facts in each case, and the question whether due care under the surrounding conditions and circumstances has or has not been taken, except in cases where all the material facts and reasonable inferences to be drawn therefrom clearly demonstrate contributory negligence, is always an issue for the jury to determine.</p> <p>2. In an action against a street railway company to recover damages for personal injuries sustained in a collision where there was evidence that plaintiff, after harnessing his horse in a stable eight feet from defendant’s tracks, went to the highway, looked in the direction from which the cars came and seeing the tracks were clear returned, got in the buggy and drove out; that less than a minute elapsed from the time plaintiff took his last look and when he left the stable, and that as he. drove out a neighbor who was standing at the door told plaintiff that the track was clear, although his view and that of the plaintiff were partially obstructed by an electric pole, and that in driving across the tracks the buggy was struck by a car moving at a great speed and without warning, although lighted lamps were fastened to each side of the buggy and the motorman could have seen the horse at a distance of 500 feet from the stable, the question of plaintiff’s contributory negligence in faili