Schultz v. Philadelphia & West Chester Traction Co.

Citations

• 65 Pa. Super. 527
• 1917 Pa. Super. LEXIS 33

Syllabus

<p>Negligence — Street railways — Right angled collision between wagon -and street car — Contributory negligence — Case for jury.</p> <p>In an action against a street railway company to recover damages for personal injuries sustained by the driver of a wagon in a right angled collision between the wagon and a street car, it appeared that the plaintiff drove from a lane into a turnpike road on the near side of which the defendant operated a single track electric railway. Plaintiff testified that when he came near the track he stopped and looked, but did not see a car. The view in the direction from which the car came was obscured by trees and bushes, and there was a crest on the road about 150 feet from where plaintiff came on to the turnpike. The car came up a grade and reached the crest of the hill where a toll house was located. There was evidence that the car was running at about eighteen miles an hour, and that it ran two car lengths after the collision with the wagon which weighed about 2,000 pounds. The evidence showed that the motorman saw the team on the track from the toll house which was 150 feet away. The lane was a stopping place for cars on signal, and a sign was posted there bearing the notice “Oars stop here.” Held, (1) that the plaintiff was not guilty of contributory negligence as a matter of law, and (2) that the question of defendant’s negligence was for the jury.</p>