Harper v. Philadelphia Traction Co.

Citations

• 175 Pa. 129
• 34 A. 356
• 1896 Pa. LEXIS 1222

Syllabus

<p>Negligence — Street railways — Wagon on track.</p> <p>In an action to recover damages for personal injuries it appeared that plaintiff while driving a wagon was injured by one of defendant’s electric cars colliding with his wagon. Plaintiff was driving on the west-bound track on a street where there were two tracks, at a time when there were piles of snow between the tracks and the sidewalks. Hearing a car approaching behind him he turned into the east-bound track, and after the ear had passed he drove on for twenty or twenty-five feet, when he turned back towards the west-bound track, but before he could reach the track his wagon was struck by a car on the east-bound track, running at a very high rate of speed. There was evidence that a butcher’s wagon was being driven immediately behind the west-bound car, and that it was the presence of this wagon which prevented plaintiff from turning sooner into the west-bound track. Held, that the ease was for the jury.</p>