Proctor v. Lehigh Valley Transit Co.

Citations

• 235 Pa. 373
• 83 A. 1019
• 1912 Pa. LEXIS 553

Syllabus

<p>Negligence — Collision between wagon and car — Contributory negligence — Casé for jury — Imputed negligence.</p> <p>In an action against a street railway company to recover damages for personal injuries resulting from a collision between a car and a wagon in which the plaintiff was riding, the case is for the jury and a verdict and judgment for plaintiff will be sustained, where the evidence shows that the plaintiff, the driver of the wagon, and three other occupants of the wagon were employees of the defendant company; that they were driving along a turnpike road at the side of which were the defendant’s tracks; that to reach their destination they had to cross the tracks at right angles at one or the other of two cross roads, the latter of which was usually taken; that the wagon was covered on the sides but open at each end; that the plaintiff sat in the body of the wagon and had a clear view of the road for a considerable distance in the direction from which the car came, and that the wagon was struck while in the act of crossing the tracks at the first cross road; and defendant testifies that he did not know that the driver intended to turn from the road at this point.</p>