Backus v. Philadelphia Rapid Transit Co.

Citations

• 273 Pa. 588
• 117 A. 336
• 1922 Pa. LEXIS 624

Syllabus

<p>Negligence — Street railway — Crossing in front of moving car— Contributory negligence.</p> <p>1. In an action against a street railway company, for personal injuries, a judgment on a verdict for defendant will be sustained where the evidence for plaintiff was in effect that she started to cross the track of defendant, when a car which struck her was standing 85 feet away and started without warning, while defendant’s proof tended to show that plaintiff started to cross when the car was moving, that she was looking away from the approaching car, and was struck before she had left the tracks.</p> <p>2. In such case, the appellate court must read the evidence in the light which best sustains the verdict.</p>