Naye v. Philadelphia Rapid Transit Co.

Citations

• 71 Pa. Super. 207
• 1919 Pa. Super. LEXIS 65

Syllabus

<p>Negligence — Street railways — Collision — Car—Contributory negligence — Case for jury.</p> <p>In an action against a street railway company to recover damages for injury to a truck, resulting from the collision with one of the defendant’s cars, the question of the defendant’s negligence and the plaintiff’s contributory-negligence is for the jury and a verdict for the plaintiff will be sustained where it appears that the plaintiff and a street ear approached a crossing at right angles at the intersection of two city streets, and it appears that the motorman of the trolley car saw the automobile coming at least two trolley lengths away, and while in a place of safety for himself and the autotruck he put on full power to cross the street before the truck could reach the tracks.</p> <p>Where the plaintiff testifies that upon approaching the crossing, and at a distance of about 20 feet from the track, he looked up and saw the car coming about 200 feet away, and knowing of an ordinance which required the car to stop at the intersection of the street, and expecting the motorman to either stop his car at that point or have it under control, the court could not say, as matter of law, that, with the trolley car approaching 200 feet distant from the crossing, it was not reasonably safe for the truck driver to attempt to cross, and the case must he submitted to the jury.</p>