Omslaer v. Pittsburg & Birmingham Traction Co.
Supreme Court of Pennsylvania
Appeal, No. 284, Oct. T., 1894, by plaintiff, from judgment of C. P. No. 3, Allegheny County, Nov. Term, 1892, No. 173, entering nonsuit. Trespass for personal injuries. The facts appear by the opinion of the Supreme Court. Error assigned was refusal to take off nonsuit. The rule of stop, look and listen is not to be inflexibly applied to foot passengers or others in crossing a street railway: Ehrisman v. Ry., 150 Pa. 180; Carson v. Federal St. Ry.
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Appeal, No. 284, Oct. T., 1894, by plaintiff, from judgment of C. P. No. 3, Allegheny County, Nov. Term, 1892, No. 173, entering nonsuit. Trespass for personal injuries. The facts appear by the opinion of the Supreme Court. Error assigned was refusal to take off nonsuit. The rule of stop, look and listen is not to be inflexibly applied to foot passengers or others in crossing a street railway: Ehrisman v. Ry., 150 Pa. 180; Carson v. Federal St. Ry. Co., 147 Pa. 219; Gilmore v. Passenger Ry. Co., 153 Pa. 31; Gibbons v. Wilkes-Barre Ry. Co., 155 Pa. 279; Kestner v. Pittsburg & Birmingham…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
The plaintiff was injured while crossing the railway tracks of the defendant company on Smithfield street at the intersection of said street and First avenue in the city of Pittsburg. There were two tracks on the street known as the north- and south-bound tracks, and upon them electric cars were run in opposite directions to accommodate the travel on that crowded thoroughfare. The plaintiff approached these tracks on First avenue west of Smithfield street, and on nearing the crossing he had such a view of the street south of the avenue as satisfied him that…
2Cases cited3 opinions
- Ehrisman v. East Harrisburg City Passenger Railway Co.Supreme Court of Pennsylvania · 1892
- Carson v. Federal Street & Pleasant Valley Ry. Co.Supreme Court of Pennsylvania · 1892
- Wheelahan v. Phila. Traction Co.Supreme Court of Pennsylvania · 1892
3Cited by24 opinions
- Callahan v. Philadelphia Traction Co.Supreme Court of Pennsylvania · 1898
- Smathers v. Pittsburg & Butler Street Railway Co.Supreme Court of Pennsylvania · 1910
- Burke v. Union Traction Co.Supreme Court of Pennsylvania · 1901
- Wallace v. JamesonSupreme Court of Pennsylvania · 1897
- Ehrhart v. York Rys. Co.Supreme Court of Pennsylvania · 1932
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