Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania (Volume 196 )

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1900 Excerpt: ... Opinion of the Court. 196 Pa. which to see without exposing himself to danger: Keppleman v. Phila. & Reading Railway Co., 190 Pa. 333. And the presumption that he looked would have been overcome by the fact that he stepped in front of a moving train which he either saw or could have seen if he had looked, as in Carroll v. Penna. Railroad Co., 12 W. N. C. 348, and Marland v. Pittsburg, etc., R. R. Co., 123 Pa. 487. But riding in a wagon and driving a pair of horses whose management required his attention the conditions were different. The act of the company in so placing its cars that he was obliged to drive through a narrow passage between them put him in danger from the time he attempted to cross, and it left no place from which he could see until he was in a position where if he had any chance at all a moment's hesitation as to the right course to pursue or a slight error of judgment would result in disaster. The court can treat the question of contributory negligence as one of law only in clear cases where the facts and the inferences to be drawn from them are free from doubt. The deceased obeyed the unbending rule to stop, look and listen. Having stopped in the place where the public using the highway in the same manner usually stopped, whether he should have stopped again, or whether without stopping he should have seen in time to avoid injury, was a question for the jury and not for the court: Cookson v. Pittsburg, etc., Ry. Co., 179 Pa. 184; Muchinhaupt v. R. R. Co., 196 Pa. 380. The judgment is affirmed. Commonwealth ex rel. McManus v. Ricketts. Public officers--Municipalities--Cities of the thirdclass--Tax ReceiverActs of Ma;/ 1871, P. L. 539, May 23, 1874, P. L. 230 and May 23, 1889, P. L. 277. When the city of Wilkes-Barre incorporated under th...