Wheelahan v. Phila. Traction Co.
Syllabus
Summary
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
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.
Cited by 8 cases
View all citing references →Relies on it most ⓘ
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.