Armstrong v. Conestoga Traction Co.

Citations

• 72 Pa. Super. 160
• 1919 Pa. Super. LEXIS 272

Syllabus

<p>Negligence — Street railways — Collision—Case for jury.</p> <p>In an. action to recover damages for injuries sustained in a collision 'with a trolley car, the case is for the jury and a verdict for the plaintiff will be sustained, where the evidence tends to show that the plaintiff stopped before crossing the tracks of the defendant company; that an unobstructed view could be obtained of the tracks for 400 feet and that when the horse and wagon were on the tracks the car of the defendant was 175 to 200 feet away, and approaching at the rate of 12 to 15 miles an hour; that the plaintifE heard no signal and that the wagon was struck with such force that it was dragged about 30 feet.</p> <p>A person about to cross a street at a regular crossing is not bound to wait because the car is in sight. If the car is at such distance from him that he has ample time to cross, if it is run at the usual speed, it cannot be said, as a matter of law, that he is negligent in going on.</p>