Smathers v. Pittsburg & Butler Street Railway Co.
Supreme Court of Pennsylvania
Appeal, No. 119, Oct. T., 1909, by defendant, from judgment of C. P. Butler Co., Sept. T., 1908, No. 31, on verdict for plaintiff in case of Araminta Smathers v. Pittsburg & Butler Street Railway Company. Trespass to recover damages for death of plaintiff’s husband. Before Taylor, J., specially presiding. The circumstances of the accident are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $5,000. Defendant appealed.
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Appeal, No. 119, Oct. T., 1909, by defendant, from judgment of C. P. Butler Co., Sept. T., 1908, No. 31, on verdict for plaintiff in case of Araminta Smathers v. Pittsburg & Butler Street Railway Company. Trespass to recover damages for death of plaintiff’s husband. Before Taylor, J., specially presiding. The circumstances of the accident are stated in the opinion of the Supreme Court. Verdict and judgment for plaintiff for $5,000. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
In the presentation of this case there has been a confusion of the stop, look and listen rule and the rule which imperatively requires the driver of a team to look for an approaching car immediately before driving upon the tracks of a street railway at a right-angled crossing of intersecting streets. The first rule applies to public crossings over what are commonly known as steam railroads, while the second relates to the dut3>of a traveler as he approaches the tracks of a street railway laid upon a public street. The degree of care required is not the same in both…
2Cases cited3 opinions
- Ehrisman v. East Harrisburg City Passenger Railway Co.Supreme Court of Pennsylvania · 1892
- Omslaer v. Pittsburg & Birmingham Traction Co.Supreme Court of Pennsylvania · 1895
- Wheelahan v. Phila. Traction Co.Supreme Court of Pennsylvania · 1892
3Cited by28 opinions
- Moses v. Northwestern Pennsylvania Railway Co.Supreme Court of Pennsylvania · 1917
- Carden v. Philadelphia Transportation Co.Supreme Court of Pennsylvania · 1945
- Goldschmidt v. SchumannSupreme Court of Pennsylvania · 1931
- Flounders v. Southern Pennsylvania Traction Co.Supreme Court of Pennsylvania · 1924
- Barton v. Lehigh Valley Transit Co.Supreme Court of Pennsylvania · 1925
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