15 Pa. Super. 350 | Pa. Super. Ct. | 1900
Opinion by
On the trial of this case the defendant did not offer any evidence, but requested the court to instruct the jury that under all the evidence the verdict should be for the defendant. This was refused and the case was submitted to the jury, who returned a verdict in favor of the plaintiff. It is not necessary to refer to the alleged negligence of the defendant, as the plaintiff’s contributory negligence is so clearly established by his own
He was not on the east-bound track, and he states, that the space between the tracks was sufficiently wide to allow a larger person than he was to stand therein in safety. He was not in a proper place on the street, and he recklessly exposed himself in this narrow space when he knew that cars were very frequently passing in each direction. If he had looked backward after entering upon this space he could and would have seen the car which struck him, whether it came from beyond, or entered upon Arch street from an intersecting street. His witness, Andrews, saw it as it passed the wagon, a distance of twenty-five yards from the place of the accident. The time required to cross a track at right angles is obviously much less than consumed in walking the distance mentioned by the plaintiff, and his duty to observe ordinary care was increased by his selected place of peril. He ignored the plain dictates of common prudence and under authority of Collins v. Traction Co., 7 Pa. Superior Ct. 318, McCauley v. Traction Co., 13 Pa. Superior Ct. 354, Gilmartin v. Lackawanna Transit Co., 186 Pa. 193, and Warner v. Peoples’ Pass. Ry. Co., 141 Pa. 615, the court should have directed a verdict for the defendant.
The judgment is reversed.