Ciszkowicz v. Scranton Railway Co.

Citations

• 70 Pa. Super. 352
• 1918 Pa. Super. LEXIS 249

Syllabus

<p>Negligence — Street railways — Head-on collision between car and wagon.</p> <p>In an action against a street railway company to recover damages for personal injuries, a judgment will be entered for defendant n. o. v., where the evidence shows that the plaintiff was driving a one-horse wagon on the track of defendant, that he had a clear view of an on-coming car for 1,150 feet, that in turning off the track, his horse had scarcely cleared the track when his wagon was struck head-on by the car, and that plaintiff’s claim that his wheels slipped along the rails, and refused to leave, is not supported by any proof as to how far they slipped nor as to the condition of the rail and adjoining track, the width of the wagon tire, and depth of the flange below the topmost part of the rail and the adjoining track.</p> <p>In such a case while it might happen that wheels may slip for a short distance, considering the space that separated the wagon and the car, the slipping was not likely to continue during all the time the plaintiff had to leave the tracks.</p>