Rively v. Media, Middletown, Aston & Chester Electric Railway Co.

Citations

• 228 Pa. 9
• 76 A. 506
• 1910 Pa. LEXIS 421

Syllabus

<p>Appeals — Time—Judgment—Verdict.</p> <p>\\ 1. Where an appeal is taken seven days after the entry of a judgment on a. verdict, the fact that more than five years had elapsed between the. date of the verdict and the date of the appeal does not invalidate the appeal. It is from a judgment and not from a verdict that an appeal lies.</p> <p>Negligence — Street railways — Wagon and electric car — Head-on Collision-Contributory negligence — Case for jury.</p> <p>2. In an action against a street railway company to recover damages for personal injuries suffered in a head-on collision between a wagon which the plaintiff was driving and an electric car, the contributory negligence of the plaintiff is for the jury, where the evidence tends to show that on the day of the accident the driveway alongside of the railway track was covered with ice so that it was almost impossible to drive over it with a smooth shod horse which the plaintiff was driving; that plaintiff turned onto the tracks over rails which were flat, and after traveling upon the track for about 500 feet, a car came towards him at a high rate of speed ringing no gong and giving no signal; that the day was very foggy so that the car could only be seen for a short distance, and that the motorman’s view of the track was interfered with because the window in front of him was closed and there was sweat upon it.</p>