Hochheiser v. Pittsburg Railways Co.

Citations

• 226 Pa. 316
• 75 A. 410
• 1910 Pa. LEXIS 761

Syllabus

<p>Negligence — Street railways — Collision—Car and wagon — Turning into tracks — Case for jury.</p> <p>1. In an action against a street railway company to recover damages for personal injuries sustained by a driver of a wagon while turning back from one of the tracks of the railway into the other which he had been compelled to leave shortly before to make way for a car following him, the case is for the jury where the evidence tends to show that the plaintiff saw no car approaching upon the track into which he was turning, and that there was time sufficient to admit of the motorman in charge of the car which struck the plaintiff to slow up or stop in time to avoid the collision.</p> <p>2. In such a case the plaintiff’s guess as to the distance which he traveled upon the track into which he had turned, cannot be used against him to defeat his right of recovery, where his own testimony and the other testimony in the case showed that the distance which he estimated was clearly insufficient.</p>