Smith v. Buffalo & Lake Erie Traction Co.

Citations

• 74 Pa. Super. 460
• 1920 Pa. Super. LEXIS 175

Syllabus

<p>Negligence — Street railways — Automobiles—Head-on collision — Contributory negligence.</p> <p>In an action- against a street railway company, to recover for injuries, sustained by a driver of an automobile in a collision with a trolley car, it appeared that the plaintiff in order to run around an automobile parked in the street, turned into the portion of the highway occupied by the tracks of the street car company, and before he had regained the part of the street beside the trolley track, the collision occurred. Evidence was produced to show that the plaintiff could have seen the street car, if he had looked, for a distance of nearly 200 feet and there was no evidence of the defendant’s negligence. Under such circumstances, the' case should have been withdrawn from the jury.</p>