Pennsylvania Railroad v. Southwestern Street Railway Co.

Citations

• 221 Pa. 481
• 70 A. 818
• 1908 Pa. LEXIS 517

Syllabus

<p>Railroads — Street railways — Contract—Written agreement — Contradiction — Affidavit of defense — Negligence.</p> <p>In an action by a steam railway company against a street railway company to recover the amount of certain damages which the plaintiff had been compelled to pay by reason of a collision between a train and a wreckage car of the defendant on which the persons injured were riding,</p> <p>■ the statement of claim set forth a contract between the two companies regulating the crossing, and averred that the accident had happened by reason of the defendant violating the agreement in not stopping the ear before crossing and in running the ear in a direction opposite to that which was required by the contract. The defendant filed an affidavit of defense in which it averred that the car had been run in a proper manner, had stopped at the crossing, and that the provision of the contract relating to the direction of the running of cars did not apply to a wreckage car. Held, that the affidavit of defense was sufficient to pre-. vent judgment.</p>