Buzby v. Philadelphia Traction Co.
Supreme Court of Pennsylvania
ERROR. TO THE COURT OF COMMON PLEAS NO. 2 OF PHILADELPHIA COUNTY. No. 182 January Term 1889, Sup. Ot.; court below, No. 97 September Term 1886, G. P. No. 2. Joseph A. Buzby brought case against tbe Philadelphia Traction Co., to recover damages for personal injuries charged to the negligence of the defendant company’s employees.
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ERROR. TO THE COURT OF COMMON PLEAS NO. 2 OF PHILADELPHIA COUNTY. No. 182 January Term 1889, Sup. Ot.; court below, No. 97 September Term 1886, G. P. No. 2. Joseph A. Buzby brought case against tbe Philadelphia Traction Co., to recover damages for personal injuries charged to the negligence of the defendant company’s employees. At the trial on October 16, 1888, tbe facts shown were as follows: On September 13, 1886, about 8 o’clock in tbe evening, the plaintiff took one of the defendant’s ears passing west on Market street to go to the corner of Market and Thirty-seventh, his destination…
1Opinion of the Court
Opinion,
Mr. Justice Mitchell:
The plaintiff had been carried to his destination, had alighted from the car in a place of safety, and his relation to the defendant as a passenger had ceased. The case therefore is the ordinary one of a traveler about to cross a public street, on which are two sets of railroad tracks, besides the usual space for wagons, etc., between the sidewalks.
Counsel for plaintiff in error seem to lay much stress on the argument that the case is not within the imperative rule for railroad crossings, that the traveler must stop, look, aiid listen. But no such test was applied…
2Cases cited1 opinion
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