Vincent v. Lehigh Valley Transit Co.

Citations

• 220 Pa. 350
• 69 A. 812
• 1908 Pa. LEXIS 780

Syllabus

<p>Negligence — Street railways — Side-on collision between car and wagon— “Stop, look and listen” — Evidence—Presumption—Case for jury.</p> <p>In an action against an electric railway company to recover damages for the death of plaintiff's husband in a collision between a car and wagon the case is for the jury, and a verdict and judgment for plaintiff will be sustained, where the evidence for the plaintiff tends to show that defendant's tracks were on a public road within eight or ten feet of the deceased's property line; that at the time of the accident the deceased drove in a large covered wagon out of a lane leading from his premises at right angles with a public road; that between the house and the.end of the lane there was no point where an unobstructed view of a car approaching from the south could be had; that at the end of the lane the difficulty in seeing was increased by the deflection of the track towards the side of the road, and by drooping branches of trees so that a car could not be seen at a greater distance than 100 or 150 feet; that until the middle of the space between the fence and the track was reached no extended view could be had by a driver; that no signal was given, and that no witnesses actually saw the accident.</p> <p>In such a case it is for the jury to determine whether the motorman or the deceased failed in the performance of a duty to which the circumstances gave rise.</p>