Nikl v. Wilkes-Barre Railway Co.

Citations

• 72 Pa. Super. 11
• 1919 Pa. Super. LEXIS 234

Syllabus

<p>Negligence — Automobiles—Collision with trolley car — Contributory negligence — Case for jury.</p> <p>In an action to recover damages for injuries sustained in a collision between a trolley car and a motor truck, the case is for the jury, and a verdict for the plaintiff will be sustained, where it appears that the plaintiff was riding on the running board of the motor truck, which had stopped in obedience to traffic regulations, in close proximity to the tracks of a street railway company and was struck by the rear end of the trolley car as it rounded the curve.</p> <p>When one who is without fault is unexpectedly placed in a position of peril, he is to bo dealt with in the light of his surroundings at the time, and he is not necessarily negligent even though his judgment was wrongly exercised.</p>