Taylor v. Philadelphia Rapid Transit Co.

Citations

• 245 Pa. 189
• 91 A. 631
• 1914 Pa. LEXIS 858

Syllabus

<p>Negligence — Street railways — Trespasser on tracks — Automobile — Notice.</p> <p>1. A street railway company which operates a double line of tracks along its private right of way in the center of a public highway, above the level of the road and protected by a stone curb several inches high, cannot be held liable for damages to an automobile which was struck by an electric car of the defendant company while on its tracks, where it had been driven by the plaintiff at a point where there was no public crossing, there being no testimony to justify a finding by the jury that the defendant’s motorman had knowledge or by the exercise of proper care would have known that the plaintiff’s automobile was on the track in time to avoid injury to it.</p> <p>. Appeals — Supreme Court — Appeals from Superior Court — Finality of judgment of Superior Court.</p> <p>2. In a case which involves only the application of well recognized principles of law to a particular state of facts, the judgment of the Superior Court should be considered as final, and the jurisdiction of the Supreme Court to review the judgment of the Superior Court will be exercised only in cases of general importance or to secure uniformity of decision.</p>