Rogers v. Philadelphia & West Chester Traction Co.

Citations

• 69 Pa. Super. 250
• 1918 Pa. Super. LEXIS 59

Syllabus

<p>Negligence — Street railway — Collision between wagon and can— Case for jury.</p> <p>In an action against a street railway company to recover damages for personal injuries suffered in a collision between an electric car and a wagon which plaintiff was driving, the evidence for the plaintiff tended to show that the plaintiff was driving a two-horse team, and that the wagon was a no-top, dump wagon loaded with posts and weighed about 3,300 pounds. The driver was experienced and familiar with the crossing. He testified that he gtopped, looked and listened when the horses’ heads were two or three feet from the track, but not seeing or hearing a car started to cross, that the wagon was struck, when its rear wheels were on the track with such force that the posts were thrown eighty feet away, and that he himself was thrown twenty feet; that the car was running at an unusual speed and passed the scene of the accident twenty-five to thirty feet before it was stopped. He was corroborated by two disinterested eye witnesses, one of whom stated that there was an unobstructed view in the direction from which the car came for more than three hundred feet. The motorman testified that the car was running six miles an hour, and the conductor that it was running four miles an hour. Both testified that the plaintiff stopped, and then whipped up his horses to get over. Two other witnesses for the defendant testified that the team stopped, and one of them stated that the car ran for a half-car length after the collision. Held, that the case was for the jury, and that a verdict and judgment for plaintiff should be sustained.</p>