Keile v. Kahn

Citations

• 30 Pa. Super. 416
• 1906 Pa. Super. LEXIS 89

Syllabus

<p>Negligence — Collision between wagon and cab — Contributory negligence— Question for jury.</p> <p>In an action to recover damages for injuries to a horse, it appeared that plaintiff’s employee was driving a covered wagon on a street where there ' were two street car tracks. The driver turned the wagon from the ear track to enter upon an intersecting street. While he was in the act of turning, with his wheels dragging on the rails, before they were entirely free from the track, the defendant’s cab approached at a rate of speed of about nine miles an hour, the driver permitting the reins to hang loosely, and in making the effort to cut the wagon out on the turn, or in trying to pass it he forced a collision at the curb, injuring the plaintiff’s horse. Held, that the case was for the jury and that a verdict and judgment for the plaintiff should be sustained.</p> <p>The question of contributory negligence cannot be treated as one of law, unless the facts and the inferences from them are free from doubt; if there is a doubt as to either the case is for the jury. It is the exclusive province of the jury to pass upon the credibility of witnesses, weigh the evidence, and ascertain the facts.</p>