Doyle v. Philadelphia Rapid Transit Co.

Citations

• 261 Pa. 248
• 104 A. 575
• 1918 Pa. LEXIS 723

Syllabus

<p>Negligence — Street railways — Wagon—Driving on trade — Rear-end collision — Nonsuit.</p> <p>, 1. The motorman of a street railway car has the right to assume that a man driving a wagon in the street ahead of him alongside the track will not drive in front of the ear.</p> <p>2. Where a vehicle which turns into a'street railway track is struck in the rear by an approaching car, the motorman is not guilty of negligence unless the vehicle was on the track or approaching the track a sufficient distance from the ear for the motorman to have stopped the car and avoided the collision.</p> <p>8. In -an action against a street railway company to recover for personal injuries sustained in a collision between plaintiffs wagon and a car belonging to tbe defendant, a compulsory nonsuit was properly entered, where it appeared that an automobile was standing on the side of the street; that plaintiffs horse and wagon stood behind the automobile, the horse’s head being sixteen feet therefrom; that the distance from the head of the horse to the tail of the wagon was sixteen feet; that plaintiffs driver got in the wagon and looked through the window in the back and saw the car coming, but did not testify at what distance away; that he pulled his horse out to straddle the track in order to get around the automobile and was struck by the car in so doing.</p>