163 A. 538 | Pa. Super. Ct. | 1932
Argued November 1, 1932. The plaintiff, 72 years of age, was struck by a trolley car at the intersection of 12th and Market Streets, Philadelphia, about 2:30 p.m., on January 5, 1928, as she was walking from the north to the south side of Market Street on the east side of 12th Street. She brought suit and recovered damages.
The appellant's sole contention is that the plaintiff was guilty of contributory negligence.
The plaintiff testified, in direct examination, that before leaving the curb she saw the traffic light was green for 12th Street traffic, that she started to cross, and as she proceeded she observed a trolley car standing on the west side of 12th Street. She passed the west-bound track and was about to step off the south *126 rail of the east-bound track when she was hit by the trolley. Other testimony was offered by the plaintiff that the trolley had started when the amber light was on, which did not turn green for Market Street traffic until the trolley was three-fourths of the way across 12th Street, which is 26 feet wide from curb to curb.
The defendant maintains that, although the traffic lights were favorable when the plaintiff left the curb, she was not relieved from further reasonable observation of the traffic and traffic lights, especially when the street she was crossing was 62 feet from curb to curb.
Plaintiff admits that she was not continually watching the light, and, on cross-examination, stated that she did not see the trolley after she had committed herself to the crossing as she was looking straight ahead in her endeavor to reach safely the sidewalk. Numerous pedestrians were travelling in both directions. She started to cross the street when and where she had a right so to do. Her duty then was to proceed as rapidly as the conditions permitted. If the defendant had exercised due care, as the plaintiff was justified in assuming, the accident would not have occurred: Adams v. Gardiner,
The Supreme Court, again, in the case of Newman et ux. v. Protective Motor Service Co.,
In the very recent case of Villige v. Yellow Cab Co. of Pgh., (opinion filed November 28, 1932), the plaintiff attempted to cross 5th Avenue, in Pittsburgh, when the lights were favorable to her, and when she was in the middle of the avenue she observed a cab approaching rapidly, which violated the traffic lights and struck her. Mr. Justice SCHAFFER said: "Under these circumstances, it could not be said as a matter of law that she was guilty of contributory negligence in not stopping or turning back. ..... We have laid down rules to protect pedestrians at street crossings. We intend to maintain these rules with all possible strictness."
In Wack v. P.R.T. Co.,
In Griffith v. P.R.T. Co.,
In our opinion, the question of defendant's negligence, of which there seems to be no question, and of plaintiff's contributory negligence, was for the jury, and the verdict in favor of the plaintiff should not be disturbed.
Judgment is affirmed.