Clark v. Philadelphia Rapid Transit Co.

Citations

• 241 Pa. 437
• 88 A. 683
• 1913 Pa. LEXIS 803

Syllabus

<p>Negligence — Street railways — Personal injuries — Death—Evidence — Fall of pole — Master and servant.</p> <p>In an action of trespass to recover damages for tbe death of plaintiffs husband, it appeared from plaintiffs evidence that deceased, who was the conductor of an ash car belonging to defendant street railway company, was endeavoring to connect the trolley pole of his car, which was on a siding, with the overhead wire of the main track, in order to run his car thereon, that the pole was caught between the guard wire and the running wire, and that deceased, in attempting to disentangle the pole, pulled upon the rope attached thereto and the mechanism fell upon deceased, killing him. The plaintiff offered no evidence of the cause of the accident, but it appeared from defendant’s evidence that it must have been due to the catching of the pole in the overhead wire, and that the fastening of the pole was of proper manufacture and in good condition. Held, that the court was correct in entering judgment for defendant non obstante veredicto.</p>