Rote v. Pennsylvania & Mahoning Valley Railway Co.

Citations

• 34 Pa. Super. 508
• 1907 Pa. Super. LEXIS 171

Syllabus

<p>Negligence — Street railways — Collision between car and wagon — Signals —Fog.</p> <p>In an action against a street railway company to recover damages for personal injuries, it appeared that the plaintiff was driving a wagon on a dark and foggy night on one of defendants double tracks on which he would face an approaching car. The condition of the other track and the part of the cartway not occupied by the tracks was such as to make it dangerous to drive thereon. At the moment the plaintiff went upon the track in question he checked the- speed of his horse and looked and listened for an approaching car, but could see or hear nothing. Immediately afterwards a car appeared ahead of him with a signal light shining, but no gong sounding. Plaintiff attempted to leave the track, but his wagon was caught and he was injured. He testified that the car was going between twelve and twenty miles an hour. There was evidence that the gong was last rung when the plaintiff was 500 feet away. Plaintiff stated that he had been a brakeman on a steam railroad, and that his estimate as to the speed of the car was based upon his experience in such employment. Held, that the case was for the jury and that a verdict and judgment for plaintiff should be sustained.</p>