Frey v. Conestoga Traction Co.

Citations

• 268 Pa. 264
• 110 A. 723
• 1920 Pa. LEXIS 672

Syllabus

<p>Negligence — Street railways — Collision between street car and wagon — Contributory negligence.</p> <p>A driver of a wagon cannot be convicted of contributory negligence as a matter of law, in a collision between Ms wagon and a street car, where the evidence shows that he started to cross over a street in the middle of which was a track about 26 feet from the curb; that, when he turned his horse to cross the track, the car which struck him was from 250 to 275 feet away; that he drove at a walk onto the track, and, seeing the approaching car about 160 to 170 feet distant, urged his horse on, and, when the horse was on the track, the car was about 85 or 90 feet away; that the wagon was struck by the car; and that, just before the collision, the motorman acted as if he was turning off the current, but, instead of doing so, turned it on.</p>