Mortimer v. Beaver Valley Traction Co.

Citations

• 216 Pa. 326
• 65 A. 758
• 1907 Pa. LEXIS 813

Syllabus

<p>Negligence — Street railways — Collision between wagon and car — Contributory negligence — Question for jury.</p> <p>In an action against a street railway company to recover damages impersonal injuries, it appeared that plaintiff was riding at night in an open wagon on the track of the defendant’s road on a borough street. As he was turning from the track, the back part of his wagon was struck by a car which was going in a direction opposite to that in which he was moving. According to 'his testimony he was looking for the car and first saw it when it was 308 feet from him; he at once attempted to turn from the track but lie was not given time to do so; the car was dimly lighted, was without headlights, and was running at the rate of twenty-five or thirty miles an hour; no attempt was made by the motorman to slacken its speed before the collision. Held, that the case was for the jury.</p> <p>A court is warranted in saying there was contributory negligence only in clear cases where the facts and the inferences to be drawn from them are free from doubt.</p>