Smoker v. Baldwin Locomotive Works

Citations

• 261 Pa. 341
• 104 A. 597
• 1918 Pa. LEXIS 743

Syllabus

<p>Negligence — Automobiles—Street railway car — Head-on collision —Injury to motorman — Automobile passing over bridge — Gloud of smoke — Obstructed, view — Ghaufeur’s failure to stop — Contributory negligence — Case for jury.</p> <p>Where in an action by the motorman of a street car against the owner of a motor truck to recover for personal injuries sustained by plaintiff in a head-on collision with defendant’s truck, it appeared that the truck was being driven eastward on the eastbound car track which passed over a bridge across railroad tracks; that in order to permit a ear to pass it the truck driver turned to the left onto the westbound track although there was sufficient space between the eastbound track and the curb; that just as the eastbound car passed the truck a cloud of smoke was thrown over the tracks by a locomotive passing under the bridge; that the smoke completely concealed from the view of defendant’s chauffeur the approach of the westbound car on which plaintiff was motorman, but the truck continued along the westbound track for nearly seventy feet and just as it emerged from the smoke-cloud, collided with plaintiff’s car, after making a quick attempt to turn to the right when within ten feet of the car, the questions whether defendant’s chauffeur was negligent in turning into the westbound track and in traveling eastwardly with his view obstructed by smoke, and also whether plaintiff was negligent in not avoiding the collision, were for the jury and a recovery by the plaintiff was sustained.</p>