Hause v. Lehigh Valley Transit Co.

Citations

• 38 Pa. Super. 614
• 1909 Pa. Super. LEXIS 196

Syllabus

<p>Negligence — Street railways — Automobile—Contributory negligence— nonsuit.</p> <p>1. In an action against a street railway company to recover damages for injuries to an automobile, it appeared that the plaintiff in driving along a turnpike road in a country district, stopped his automobile to pay toll. The machine was stopped so close to the defendant railway company's track on the road, that a car could not pass without striking it. There was a clear space of highway about eight feet wide between the automobile and the toll gate. The machine was about seven feet wide. Plaintiff and his chauffeur both saw defendant's car stop about sixty feet in the rear of the automobile to take off and let on passengers. The electric car ran into the automobile without previously sounding a bell or blowing a whistle. The accident happened ■ in the daytime. Held, that a nonsuit was properly entered.</p> <p>2. A peremptory nonsuit is in the nature of a judgment for defendant on demurrer to evidence and hence, in testing the validity of such non-suit, the plaintiff is entitled to the benefit of every inference of fact which might have been fairly drawn by the jury from the evidence before them.</p>