Shaffer v. Roesch

Citations

• 215 Pa. 287
• 64 A. 511
• 1906 Pa. LEXIS 782

Syllabus

<p>Negligence — Collision between wagon and car — Evidence.</p> <p>In an action against the owner of a butcher wagon to recover damages for personal injuries, it appeared that on the morning of the accident, plaintiff boarded a summer street car, and while in the act of stepping from the running board into the car, which was then moving at the usual rate of speed, was struck in the back by the end gate of the wagon, which was standing with horses to the north, in charge of its driver on the west side of the street about twelve inches frotn the track. It appeared that the gate of the wagon had been opened for purposes of delivery and was closed back along the side of the wagon next the track. As the car came near the wagon the gate swung out towards the car, plaintiff was struck and the gate was broken loose from the wagon. There was nothing to show that force was applied by anyone so as to cause the gate to swing outward. The uncontradicted evidence was that whatever started the gate came from the front of the wagon where no one was standing. Defendant’s theory was that the advancing car, by driving a current of air behind the gate to the side of the wagon, displaced the gate from the wagon’s side and threw it out towards the track. The trial judge left it to the jury to determine whether the force supplied came from the wagon, or from the front. Held, that this charge gave plaintiff a larger opportunity for recovery than he was entitled to, inasmuch as there was no evidence that force had been applied to the end gate from behind, but as the verdict was for defendant the verdict should be affirmed.</p> <p>In such case an ordinance which required that wagons in stopping on the streets should stop on the right of the highway, is immaterial, although the wagon at the time of the accident was on the left-hand side of the street. The purpose of such an ordinance was merely to secure an orderly movement of traffic, and not to prevent accidents from end gates which might s