Harkin v. Toy & Philadelphia Rapid Transit Co.

Citations

• 278 Pa. 24
• 122 A. 174
• 1923 Pa. LEXIS 465

Syllabus

<p>Negligence — Joint negligence — Question at issue — Evidence.</p> <p>1. Where two defendants are sued for joint negligence, and admittedly plaintiff (who was not guilty of contributory negligence), was injured by the negligence of one of them, the only question to be decided is as to whether or not the other defendant is also guilty of negligence contributing to that injury.</p> <p>2. In determining whether or not binding instructions should be given for one of the parties to a suit, all the evidence and inferences therefrom favorable to the other must be accepted as true.</p> <p>Negligence — Street railways — Signal—Intersecting streets.</p> <p>3. It is the duty of one operating a trolley car or other vehicle to signal his approach to intersecting streets, and to cross them with due care.</p> <p>Appeals — Assignments of error — Inadequacy of charge — Counsel remaining silent.</p> <p>4. An appellate court will not sustain an assignment of error which alleges a charge is inadequate, if counsel for appellant remained silent when the trial judge inquired whether any further instructions were desired.</p>