Luckenbill v. Eastern Pennsylvania Railways Co.

Citations

• 47 Pa. Super. 121
• 1911 Pa. Super. LEXIS 123

Syllabus

<p>Negligence — Street railways — Speed—Signal—Evidence.</p> <p>1. In an action by the driver of a wagon against a street railway company to recover damages for personal injuries sustained when a ear of the defendant ran into plaintiff’s wagon from behind, the case is for the jury on the question of defendant’s negligence where, although the plaintiff produces only one witness as to the high speed of the car, and his testimony is unsatisfactory, yet the testimony of the motorman shows conditions from which the only inference can be drawn was that of undue speed at a dangerous curve, and plaintiff’s testimony that he heard no signal, is supported by the testimony of the motorman which showed that he did not begin to ring his bell until within a very short distance of plaintiff’s wagon.</p> <p>2. A driver of a wagon cannot be convicted of contributory negligence because he drove partly on the single track of a street railway, and not wholly on the side; and this is particularly so where he drives on the track so as to avoid a rough part of the road which had recently been repaired.</p>