Boyden v. Philadelphia & West Chester Traction Co.

Citations

• 264 Pa. 137
• 107 A. 634
• 1919 Pa. LEXIS 608

Syllabus

<p>Negligence — Street railways — Collision — Crossing — Contributory negligence — N onsuit — Presumption.</p> <p>In an action 'against a street railway company to recover damages for death of plaintiff’s husband caused by a collision, at a crossing, between an electric car and a drill the deceased was driving, a nonsuit is properly entered where the only witness who saw the accident, testified that the deceased remained seated on the drill in the rear of his team, apparently in deep study, neither looking for a car, nor heeding its whistle, which the witness distinctly heard, though she was much further from the car than the deceased; and the other testimony in the case was wholly inadequate to permit a determination as to whether there was apparent time for the deceased to cross ahead of the car. There is no presumption that deceased saw the car coming at such distance from the crossing as to warrant him in the belief that he could safely cros§ ahead of it.</p>