Friedland v. Altoona & Logan Valley Electric Railway Co.

Citations

• 59 Pa. Super. 539
• 1915 Pa. Super. LEXIS 117

Syllabus

<p>Negligence — Street railways — Rear end collision between car and buggy —Speed—Conflicting evidence — Case far fury.</p> <p>1. In an action against a street railway company to recover damages for personal injuries sustained by plaintiff in a rear end collision between an electric car and the buggy in which plaintiff was driving, the case is for the jury, where there is evidence that the car was going very fast on a down grade on a clear day at about nine o’clock in the morning, that the plaintiff was in plain view driving in the direction in which the car was moving, that there were vehicles on each side of the street which obstructed the plaintiff’s way in getting off the track, that the collision was violent, and that the car ran from eighty to 125 feet after the buggy was struck.</p> <p>Practice, C. P. — Trial—Points assuming facts — Refusal of points.</p> <p>2. Points based on assumptions of fact are properly refused where the evidence shows that there was a contradiction as to the matters assumed to be true in the points.</p>