Harvey v. Philadelphia Rapid Transit Co.

Citations

• 255 Pa. 220
• 99 A. 796
• 1916 Pa. LEXIS 551

Syllabus

<p>Negligence — Street railways — Automobile—Street car diagonally crossing street — Head-on collision — Contributory negligence — Judgment for defendant n. o. v.</p> <p>1. In an action against a street railway company to recover for injuries sustained by the driver of an automobile in a collision with a trolley ear where it clearly appeared that, while the trolley car was crossing a street diagonally, plaintiff approached and ran violently into the car; that the motorman in charge had it under full control, and was proceeding cautiously and must have been in plain view of any one approaching, and that if he saw the automobile he would have been justified in assuming that it would stop before reaching the track, or turn so as to avoid a collision, there was no evidence of the defendant’s negligence and the case should have' been withdrawn from the jury.</p> <p>2. Where in such case it appeared that at the point of collision there was a street space sixty feet wide on the side of the track on which plaintiff approached, he was guilty of contributory negligence in failing either to stop and let the car pass, or to give it a wide berth by turning to either side.</p>