Mellet v. Reading Transit Co.

Citations

• 55 Pa. Super. 465
• 1913 Pa. Super. LEXIS 396

Syllabus

<p>Negligence — Street railways — Automobile—Collision — Contributory negligence — Judgment n. o. v.</p> <p>In an action against a street railway company to recover for injuries to an automobile sustained in a collision between the automobile and one of the defendant’s- cars, a judgment for the defendant n. o. v. will be sustained where the evidence shows that the accident occurred at a point where the defendant’s tracks turned at right angles from their progress along a public road and crossed the road to enter a private right of way; that the plaintiff’s automobile came along the stretch of the public road where there are no tracks and met the car at the crossing coming along the road in the contrary direction; that at a point about 200 feet from the crossing the chauffeur saw the ear when the ear itself was about 300 feet from the crossing; that the chauffeur did not thereafter keep the car in sight, and did not take notice of the track crossing the road, although he had an unobstructed view; and that the automobile ran against the ear after the latter had stopped.</p>