Heuber v. Consolidated Traction Co.

Citations

• 210 Pa. 70
• 59 A. 430
• 1904 Pa. LEXIS 840

Syllabus

<p>Negligence—Street railways—Wagon on track—Contributory negligence— Evidence—Question for jury.</p> <p>In an action against a street railway company for damages for personal injuries, it appeared from the plaintiff’s proofs that prior to the accident plaintiff was driving on the left side of a street on which the defendant operated a double track railway. Meeting an oil wagon, he was obliged by the rule of the road to turn to the right, and accordingly pulled on to the first track. Before he had fully passed the oil wagon he saw a car on the same track as he was, apparently coming toward him, and at the same time looked and saw a car on the second track also coming towards him, but in the same direction that he was going, coming slowly and farther off than the other car. Thereupon he continued to pull to the right to get on the right side of the street, but before he had got quite clear of the second track his hind wheel was caught by the car following him, and the accident occurred. Held, that the case was for the jury, and that a verdict and judgment for the plaintiff should be sustained.</p>