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· 2/14/1916

Tavani v. Philadelphia Rapid Transit Co.

Citations

  • 252 Pa. 350
  • 97 A. 455
  • 1916 Pa. LEXIS 619

Syllabus

<p>Negligence — Street railways — Bight angle collision — Contributory negligence — Charge to jury.</p> <p>Where in an action to recover damages for injuries to a driver and a horse and wagon, in consequence of a right angle collision between the wagon and a street car, there was evidence that the driver looked immediately before driving across the track and saw no car, and that immediately thereafter he was struck by a car approaching at an excessive speed, and further evidence that the contour of the ground was such that had the driver looked, he must have seen the car, a charge to the jury which briefly reviewed the evidence and stated the law of negligence applicable to the case, was held not open to the objection that it was inadequate, misleading and erroneous, in that it failed to state the issues in the case and judgment on a verdict for defendant was affirmed.</p>

Judges: Frazer, Mestrezat, Potter, Stewart, Walling

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