141 Pa. 615 | Pa. | 1891
OPINION,
The place of the accident was in the public road, where both parties had a right to be, and where each, therefore, was bound to be on the lookout for the other: Schmidt v. McGill, 120 Pa. 405. But the right of the defendant’s cars was superior. They were confined to the track, and on that they had the right of way, to which the use by other parties, on foot or otherwise, was of necessity subordinate. The plaintiff, on the other hand, could use the whole road, and which part of it she took was merely a matter of convenience. That defendant in clearing its track from snow for the passage of its cars had made it also more convenient for plaintiff to walk on, could not be turned to its disadvantage, or enlarge the plaintiff’s rights over that part of the public road. They were still subordinate to defendant’s right of way: Jatho v. Railway Co., 4 Phila. 24; Thomas v. Railway Co., 132 Pa. 504; Adolph v. Railway Co., 76 N. Y. 530.
These being the respective rights of the parties, the plaintiff came to a point on the road where the defendant’s track ran through a snow-drift, for a distance estimated by plaintiff her
As this point is conclusive of the case, it is not necessary to discuss the others.
Judgment reversed.