13 Pa. Super. 354 | Pa. Super. Ct. | 1900
Opinion by
This accident occurred at the intersection of Catherine street and Twentieth street in the city of Philadelphia. The plaintiff was^ going north on the foot walk on the west side of Twentieth street. The defendant’s car was going west on Catherine street. The plaintiff was not called as a witness, and none of the witnesses called in her behalf, excepting one, saw her until after she had been struck by the car. The witness referred to testified as follows : “ Q. Where was she ? A. The car was going out west and she was going north, and as soon as she came up the car struck her. Q. As soon as she put her foot across the track the car struck her; is that right? A. Yes, sir; that is right. Q. And the ear was then going about its regular speed? A. No; a little slower. Q. When you speak of the regular speed you mean between streets, I suppose ? A. Yes, sir; that is what I mean. ... Q. As this lady first came in your vision there, she was just stepping over the south rail, was she not ? A. Yes,
Assuming for the purposes of the case that the motorman did not sound the gong and that this was negligence, was not the plaintiff guilty of contributory negligence, according to her own showing? We do not think any better answer can be given to that question than by quoting from the charge of the learned trial judge. In connection with other very pertinent suggestions as to the duty of one about to cross a street upon which trolley cars run, he said: “ The ground that the defendant takes here, and it is a perfectly proper ground to take, is that tins woman did not exercise proper care; that it was her duty, as she attempted to cross Catherine street, to look and listen to see whether a car was coming. That was her duty. There is no question about that. If she failed to exercise that duty, if she failed to pay that attention to the matter which an ordinarily prudent person would have done in her own interest, then she was negligent, and has no right to recover. If you believe the testimony of the witness who says that just as she stepped upon the track the car struck her, I do not see how you can fail to come to the conclusion that she was careless, because, if she had looked three feet from that point where she put her foot upon the track, she would have seen the car necessarily. She would have seen thé car right there. The fact that she was an old woman makes no difference. The fact that she was a woman makes no difference. According to the testimony at that time she was in good possession of her faculties. One witness testified that she had threaded a needle that day. They speak of her as a woman bright and alert at that time.”
Notwithstanding these explicit instructions, the jury not only rendered a general verdict for the plaintiff but found specially
The judgment is reversed.