Theisen v. Pittsburgh Railways Co.

Citations

• 256 Pa. 475
• 100 A. 994
• 1917 Pa. LEXIS 638

Syllabus

<p>Negligence — Street railway companies — Ccur turning curve — End projecting over sidewalk — Pedestrian—Contributory negligence— Case for jury.</p> <p>1. Although a trolley car may be moving at a speed which would not be excessive under ordinary circumstances, yet where in turning it protrudes over-the sidewalk, endangering persons who may be traveling thereon, the question may arise whether the car was moving too fast under the peculiar circumstances there existing and in such case this question is for the jury.</p> <p>2. In an action to recover damages for injuries sustained by a pedestrian who was traveling upon a sidewalk, and who was gtruek by tbe drawbar of a trolley ear wbicb protruded over tbe sidewalk as the car turned a corner, the question of defendant’s negligence was for the jury where there was evidence that the car was moving faster than was safe under the peculiar circumstances of the case, and particularly where there was evidence that a pole erected by defendant on the sidewalk retarded plaintiff as she was endeavoring to get beyond reach of the car.</p> <p>3. In such ease where it appeared that the approach of the car was hidden by a board fence, and there was evidence that plaintiff was not familiar with the dangers at the point of the accident, and did not know that cars necessarily protruded over the sidewalk as they turned the corner, the question of plaintiff’s contributory negligence was also for the jury.</p> <p>Practice, O. P. — Statement of claim — Ad damnum clause — Amendment after verdict.</p> <p>4. The ad damnum clause in a statement of claim may at any time before final judgment be amended in the discretion of the trial court so as to embrace the case as actually tried.</p> <p>5. Where in a negligence case the verdict greatly exceeded the amount claimed in the statement of claim the court properly permitted the statement to be amended so as to claim an amount exceeding the verdict; it was not necessary in such case that a new trial