McManigal ex rel. McManigal v. South Side Passenger Railway Co.

Citations

• 181 Pa. 358
• 37 A. 516
• 1897 Pa. LEXIS 551

Syllabus

<p>Negligence — Street railways — Collision between car and wagon.</p> <p>In an action against a street railway to recover damages for personal injuries a nonsuit is properly entered where it appears that plaintiff was driving a wagon between the defendant’s track and the curbstone while a car was approaching him on a down grade from the opposite direction, and that when the car was about ten feet from the horse the latter suddenly sprang across the track in front of the car and a collision occurred, which, so far as the testimony showed, nothing could have been done to avert.</p>