McPhillips v. Union Traction Co.
McPhillips v. Union Traction Co.
Opinion of the Court
Opinion by
Aside from the question of the negligence of the defendant, the learned court below erred in not directing a verdict for the defendant on the ground of the plaintiff’s contributory negligence. The essential facts, shown by the testimony for the plaintiff, upon which this conclusion rests, are that the plaintiff drove deliberately out of a driveway in the middle of a block into Lancaster avenue upon which were the two tracks of the
The judgments are reversed.
Reference
- Full Case Name
- McPhillips v. Union Traction Company
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- 3 cases
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- Syllabus
- Negligence — Street railways — Collision between car and wagon — Contributory negligence — Look and listen. In an action against a street railway company to recover damages for. personal injuries, the plaintiff cannot recover, where it appears from evidence offered by the plaintiff that he drove deliberately out of a driveway, in the middle of a block into a street upon which were the two tracks of the defendant company; that he looked and saw an approaching car about three quarters of a block distant, when the front wheels of his dearborn wagon were at the curb, some sixteen feet from the nearest track; that he then turned slowly to the west, and instead of keeping clear of the track, swung over the first rail, whereupon his horse was almost instantly struck, and plaintiff himself injured.