Sapp v. Philadelphia Rapid Transit Co.

Citations

• 253 Pa. 527
• 98 A. 693
• 1916 Pa. LEXIS 884

Syllabus

<p>Negligence — Master and servant — Street railways — Motorman— Repair car — Oollision—Rule of company — Gase for jury.</p> <p>In an action by an employee, against a street railway company, to recover damages for personal injuries, sustained in a head-on collision between a repair car operated by the plaintiff, and another car on defendant’s single track line, the case is for the jury and a verdict and judgment for the plaintiff will be sustained, where it appears that a rule of the company required that' extra cars should precede, and not follow regular cars; that at the time of the accident plaintiff was operating a repair car in violation of such rule, so that when the regular car preceding him passed at a switch, another car bound in the opposite direction, the motorman of the latter relying upon the rule of the company that no extra car would follow the regular car, started onward as soon as the regular car passed, and the collision resulted; and plaintiff testified that the general manager had directed him to‘follow the regular car in violation of the rule, although such statement was denied by the manager and by others present at the time the order was given, who testified that the direction was to lead, not to follow, the regular car.</p>