Davis v. Media, Middletown, Aston & Chester Electric Railway Co.

Citations

• 25 Pa. Super. 444
• 1904 Pa. Super. LEXIS 89

Syllabus

<p>Negligence — Street railways — Speed—Collision between car and wagon— Evidence — Province of court and jury.</p> <p>In an action, against a street railway company to recover damages for personal injuries and for injuries to a horse, wagon and harness it appeared that plaintiff was driving a heavily loaded wagon at an up grade on defendant’s tracks on a highway in the country. In thé wagon was a lighted lantern, and in the curtain at the back there was a glass through which the light shown. About fifteen feet behind the plaintiffs’ vehicle was another wagon similarly lighted and with a window in the rear curtain. This wagon was also heavily loaded. The night was very dark and foggy. A car struck the wagons from the rear. The first wagon struck was carried a distance variously estimated from thirty to fifty feet, the second from sixty to eighty feet. The evidence as to whether a bell was rung to give the plaintiffs warning was conflicting. Some of the witnesses testified that it was the darkest night they ever saw. Counsel for the railway company conceded that the car was running at the rate of twelve miles per hour. The motorman testified that he had only time after seeing the first wagon to throw on the brake and bow his head to avoid flying glass when the collision came. Held, (1) that the question as to whether the speed of the car was under the circumstances excessive, was for the jury; (2) that the plaintiff had a right to use the part of the road used by the railway track, and the question whether in using it under the circumstances, he was guilty of contributory negligence was for the jury ; (3) that a verdict and judgment for plaintiff should be sustained.</p>