(214)


Ch.  6]  PEDESTRIANS  RUN  OVER.  §  88

care  of  a  woman  who  crossed  a  street  car  track  at  night
during  a  severe  storm,  and  ventured  on  the  track  with  her
umbrella  raised,  without  looking  for  an  approaching  car,
was  held  to  be  for  the  jury.^°  Where  the  plaintiff  turned
up  his  coat  collar  and  pulled  down  his  hat  to  protect  him-
self from  the  rain,  and  wallied  directly  in  front  of  a  car
coming  on  a  track  parallel  to  the  one  occupied  by  the  car
he  had  just  left,  he  was  held  not  to  be  in  the  exercise  of
due  care.^-'  A  traveler  who  crossed  immediately  in  front  of
an  electric  car  in  the  nighttime  was  held  not  to  be  in  the
exercise  of  due  care  f"^  and  the  same  was  held  where  a  man
stood  near  a  street  car  track  by  night  without  showing  any
indication  of  his  intention  to  cross,  and  then  crossed  when
a  car  was  so  near  that  it  could  not  be  stopped.^^  Because
a  traveler  could  have  looked,  it  cannot  be  legally  inferred
that  he  did  so.^*

The  authorities  are  in  hopeltss  conflict  as  to  whether  a
traveler  should  be  required,  as  a  matter  of  law,  to  "stop,
look,  and  listen,"  "look  and  listen,"  or  even  "look,"  before
crossing  a  street  railway  track.  It  is  generally  hold  that
the  rules  as  to  "stopping,  looking,  and  listening,"  which  are
in  force  in  the  case  of  steam  railroads,  are  not  applicable  in
all  their  strictness  to  street  railroads. ^^

soConley  v.  Albany  Ry.,  22  App.  Div.   (N.  Y.)   321.
31  Macleod  v.  Graven,  73  Fed.  627.
32  Hoelzer  v.  Crescent  City  R.  Co.,  49  La.  Ann.  1302.
33  Knoker  v.  Canal  &  C.  R.  Co.,  52  La.  Ann.  806.
