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· 7/28/1904

Reid v. United Traction Co.

Citations

  • 26 Pa. Super. 55
  • 1904 Pa. Super. LEXIS 262

Syllabus

<p>Negligence — Bicycles—Street railway.</p> <p>In an action by a bicyclist against a street railway company to recover damages for personal injuries, it appeared that the accident occurred at an unusually narrow point between the curb and the defendant’s track, caused by a telegraph pole in the street. Plaintiff’s testimony, which was contradicted, was in effect that at some distance from the point of the accident, he passed a car, in front of which was a beer wagon. The car was slowing up and ringing for the beer wagon to leave the track. When he was forty or fifty feet ahead of the beer wagon he looked back and saw the wagon, and the street car back of the wagon, a distance of about 160 feet. The plaintiff then rode ahead without again looking back, and was struck at the narrow point near the telegraph pole. He further testified that he was in full view of the motorman. and that the latter instead of slackening increased his speed. Held, that the case was for the jury and that a verdict and judgment for plaintiff should be sustained.</p>

Judges: Beaver, Henderson, Morrison, Orlady, Porter, Rice, Smith

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