Downey v. Pittsburg Railways Co.

Citations

• 219 Pa. 592
• 69 A. 71
• 1908 Pa. LEXIS 628

Syllabus

<p>Street railways — Passenger—Collision between wagon and car — Non-suit.</p> <p>In an action by a passenger against a street railway company to recover damages for personal injuries sustained by being struck by a pole of a wagon in a collision between wagon and car, a nonsuit is properly entered where the evidence shows that as the car approached a cross street with a steep grade and covered with ice, a team of horses was coming down the grade at a high rate of speed and beyond the control of the driver; that the motorman was not able to see the team until near the crossing; that a person ahead of the car threw up his hands as a signal, and the motorman slowed the car down, but immediately upon seeing the team, increased the speed so as to avoid collision; and that the tongue of the wagon struck near the rear of the car, injuring plaintiff alone, whereas if the speed had not been increased it would have struck the middle of the car and possibly injured a number of persons.</p>