Winter v. Mahoning & Shenango Railway & Light Co.
Superior Court of Pennsylvania
Appeal, No. 135, April T., 1915, by plaintiff, from judgment of C. P. Lawrence Co., Dec. T., 1913, No. 94, for defendant n. o. v. in case of ■ Mary Winter v. Mahoning & Shenango Railway & Light Company. Trespass to recover damages for personal injuries. Before Porter, P. J. The facts are stated in the opinion of the Superior Court. Error assigned was in entering judgment for defendant n. o. v.
1Opinion of the Court
Opinion by
Kephart, J.,
This appeal is from the entry of judgment by the court below on the appellee’s motion for judgment n. o. v. The relative rights of the public and street railway com-, panies as to the usé of public highways have been frequently expressed. The dominant right to the use of the tracks of a street railway company on a public highway is in the company; and that right must be conceded and deferred to by all the public who have the right to cross the tracks. When about' to cross, they must use ordinary prudence to ascertain whether the owner of the tracks is about to use them:…
2Cases cited5 opinions
- Smathers v. Pittsburg & Butler Street Railway Co.Supreme Court of Pennsylvania · 1910
- McCracken v. Consolidated Traction Co.Supreme Court of Pennsylvania · 1902
- Cunningham v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1913
- Connor v. Pittsburg Railways Co.Superior Court of Pennsylvania · 1912
- Cornell v. Pittsburg Railways Co.Superior Court of Pennsylvania · 1913
3Cited by3 opinions
- Gavin v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1921
- Griffith v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1920
- Hilliard v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1916