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Wheelahan v. Phila. Traction Co.

Wheelahan v. Phila. Traction Co., 24 A. 688 (Pa. 1892)
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Court
Supreme Court of Pennsylvania · State Highest Courts
Decided
July 13, 1892
Docket
Nos. , No. 403
Judges
Green, Hevdrick, McCollum, Mitchell, Paxson, Sterrett
Citations
24 A. 688150 Pa. 1871892 Pa. LEXIS 1304
Syllabus
Contributory negligence—Street railway—Stop, look and listen. It is the duty of one about to drive a vehicle across the tracks of a street passenger railway, to stop, look and listen just before reaching the tracks, and the failure to do so is negligence per se. In this case plaintiff was negligent in not leaning forward in his wagon so as to get an unobstructed view, the hood to his wagon preventing a view further than twenty-five or thirty feet.
Summary
Appeal, No. 403, Jan. T., 1891, by defendant, from judgment of C. P. No. 1, Phila. Co., March T., 1890, No. 180, on verdict for plaintiff in trespass for personal injuries caused by alleged negligence of defendant. The facts as they appeared at the trial, before Brjeg-y, J., are stated substantially in the opinion of the Supreme court. A witness for plaintiff testified that when plaintiff was fifteen or twenty feet from the track, the motor car was half a square away. The court refused to give binding instructions for defendant. Verdict for plaintiff for $368.75, and judgment thereon, whereupon defendant appealed. Error assigned was refusal of binding instructions, quoting the point.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Paxson

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Opinion by Mb. Chief Justice Paxson,

This case is ruled by Ehrisman y. East Harrisburg City Passenger Railway Co., decided herewith. [The preceding case.] The plaintiff, in attempting to cross the track of the defendant company on Seventh street, with his horses and wagon, was struck by a passing car, which caused the injury for which this suit was brought. There was a hood to his wagon, which confined his view to twenty-five or thirty feet on each side. When he reached the crossing stones on the east side of Seventh street, he looked up and down as far as the hood permitted, about twenty-five or thirty feet, but no further. Had he leaned forward, he would have had an unobstructed view of the street, and would have seen the car. His failure to do so was negligence per se. As these facts appeared from his own testimony, he should have been nonsuited below. The same rule was held in Thomas v. Citizens Passenger Railway, 132 Pa. 504 .

Judgment reversed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1893: 11895: 11902: 21910: 21917: 11923: 118932026peak 1902 · 2

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Thomas v. Citizens Pass. Ry. Co., 19 A. 286 (Pa. 1890) 9

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