Baylis v. Diamond Street Omnibus Co.

Citations

• 173 Pa. 378
• 34 A. 23
• 1896 Pa. LEXIS 713

Syllabus

<p>Negligence — Joint tortfeasors — Omnibus companies — Passenger—Buie of the road — Evidence.</p> <p>In an action against two omnibus companies by a passenger of one of the companies to recover damages for personal injuries caused by a collision between an omnibus belonging to one of the companies with one belonging to the other company, the case is for the jury where the evidence though contradictory tends to show that the driver of the omnibus in which plaintiff was riding was negligent in driving while collecting a fare, and that the omnibus of the other company was being driven on the wrong side of the street.</p> <p>In such a case it is not improper to pennit plaintiff to show as part of the res gestas that the driver of one of the omnibuses shouted to the driver of the other, almost momentarily succeeding the accident, “ What the hell is the matter with you for running into me;” and that the driver of the bus in which plaintiff was riding replied, “How in the hell could I run into you when I -was on the right hand side going north, when I had the right of way P ”</p>