Rose & Son v. Philadelphia Rapid Transit Co.

Citations

• 73 Pa. Super. 260
• 1919 Pa. Super. LEXIS 220

Syllabus

<p>Negligence — Collision of automobile and trolley car — Towing-another autotruck — Contributory negligence — Nonsuit.</p> <p>In an action to recover damages for injuries to an. automobile resulting from a collision with a trolley oar, a nonsuit is properly. entered, where the evidence tends to prove that the plaintiff's-chauffeur, while driving a motor truck, which was towing another truck, failed' to observe- his customary precautions at a sharp curve in the road with which he was familiar, and that ■ notwithstanding the fact that he was towing a heavy, unwieldy truck, attempted to round the curve when a trolley car was approaching and the towed truck was sideswiped by the trolley car.</p> <p>In such ease the driver must be held to have been guilty of contributory negligence.</p>