Barnes Bros. v. Pittsburg Railway Co.

Citations

• 26 Pa. Super. 36
• 1904 Pa. Super. LEXIS 257

Syllabus

<p>Negligence — Street railways■ — Collision between car and wagon.</p> <p>In an action against a street railway company to recover damages for the loss of a horse and wagon, it appeared that plaintiff's laundry wagon in charge of its driver, was standing on a street with one wheel close to the curb and the other a foot or more over or within the outside rail of defendant’s track. The driver stopped his wagon in front of a house, descended from it and inquired at an open door for “ laundry ” which he was expected to collect, keeping his horse in sight and within sound of his voice. He received the reply that there was none and returned to his wagon, and just as he was about to mount it, saw a car rapidly approaching and, finding that he would not have time to get control of his horse and get out of the way of the car, drew back, when the wagon was immediately demolished and the horse killed. The car was on a descending grade but reached the bottom of the descent almost immediately after colliding with the wagon and commenced the ascent of a rising grade, the car not being stopped until it had gone 204 feet beyond the point at which the collision occurred. It was about six o’clock of a January evening. It was growing dark but the street was well lighted and the evening was clear. Held, that the case was for the jury, and that it was error to enter a compulsory non-suit. Gilmore v. Federal Street, etc., Pass. Ry. Co., 153 Pa. 31, distinguished.</p>