Baicker v. Peoples Street Railway Co.

Citations

• 215 Pa. 478
• 64 A. 675
• 1906 Pa. LEXIS 827

Syllabus

<p>Negligence — Street railways — •Collision between wagon and car — Nonsuit.</p> <p>In an action against a street railway company to recover damages for personal injuries sustained in a collision between a car and a wagon which the plaintiff was driving, a nonsuit is properly entered where it appears that plaintiff stopped, looked and listened before he drove upon plaintiff’s trades, that when upon the tracks he saw for the first time a car turning in from another street about 100 feet distant, that instead of proceeding forward he stopped his horse and attempted to back off, that he did not succeed in doing so, and the approaching car which was not going at an excessive rate of speed struck the front wheel of the wagon, throwing the plaintiff out, and causing the injuries for which suit was brought.</p> <p>Mestrezat, J., dissents.</p>