Smith v. Holmesburg, Tacony & Frankford Electric Railway Co.

Citations

• 187 Pa. 451
• 41 A. 479
• 1898 Pa. LEXIS 827

Syllabus

<p>Negligence — Street railways — Speed of car — Evidence—Question for jury.</p> <p>In an action against a street railway company to recover damages for personal injuries caused by a horse taking fright and backing a cart into a trolley car, where the statement avers, as the only negligence, that the car was run at “a very rapid and an unlawful rate of speed,” and the only evidence in support of the averment is the uncorroborated testimony of plaintiff, whose description of the accident was not suggestive of the speed alleged in his statement, and where the testimony of the motorman, the conductor and three policemen was that the car was moving at a low rate of speed, and that the accident was caused by the sudden and unexpected turning and backing of the horse, binding instructions should be given in favor of defendant.</p>