Fleck v. Altoona & Logan Valley Electric Railway Co.

Citations

• 62 Pa. Super. 500
• 1916 Pa. Super. LEXIS 460

Syllabus

<p>Negligence — Street railways — Driving wagon on trade — Contributory negligence — Case for jury.</p> <p>A person who drives a 'wagon, on the tracks of a street railway is not a trespasser thereon; he only becomes one if, after notice, he negligently remains on the tracks. If it is impossible for him to leave the tracks the railway company is bound to observe his situation, and to have its car under such control as to give the driver a reasonable opportunity to get off the tracks.</p> <p>Where a person drives a wagon upon the tracks of a street railway, and at a point where he has an unobstructed view for two squares, looks back and sees no car in sight, and proceeds along the street for a distance of 150 to 200 feet during the whole of which distance the street is blocked on either side in such manner as to prevent his leaving the tracks, he cannot be charged with contributory negligence in not looking back before his wagon is struck by a car from behind.</p> <p>Practice, O. P. — Trial—Statement of counsel to'jury — Refusal to withdraw juror.</p> <p>In an action to recover damages for injuries to a horse, it is not reversible error for the trial judge to refuse to withdraw a juror and continue the case, because counsel for the plaintiff in opening to the jury, states the value of the horse that was injured.</p>