Thiele v. Beaver Valley Traction Co.

Citations

• 37 Pa. Super. 60
• 1908 Pa. Super. LEXIS 239

Syllabus

<p>Negligence — Street railways — Collision between car and wagon — Turning into tracks.</p> <p>In an action against a street railway company to recover damages for personal injuries, it appeared that the plaintiff was driving in a carriage on the south-bound track of defendant's double-track railway, when a car approached him from behind; he turned into the north bound track, at the same time looking and listening for a car, but neither seeing nor hearing one. It was not practicable to turn out to the side of the south-bound track. After getting on to the north-bound track plaintiff discovered a car approaching him on the track, and it not being possible to turn to the side of the north-bound track he turned back into the south-bound track. In doing so his wheel slipped along the rail and his wagon was struck by the car on the north-bound track, and he himself was thrown under the running board of the south-bound car. There was evidence that the car on the north-bound track was running at a high rate of speed, but that it could have been stopped in time to prevent the accident. Held, that the case was for the jury, and that a verdict and judgment for plaintiff should be sustained.</p>