Volpe v. Philadelphia Rapid Transit Co.

Citations

• 260 Pa. 402
• 103 A. 926
• 1918 Pa. LEXIS 533

Syllabus

<p>Negligence — Street railways — Two seated motorcycle — Right-angle collision — Injury to passenger in motorcycle — Contributory negligence of passenger — Nonsuit.</p> <p>1. In an action against a street railway company to recover for personal injuries sustained by a passenger on a two seated motorcycle in a right-angle collision with a street car, a compulsory non-suit was properly entered where it- appeared that plaintiff was seated beside the operator of the motorcycle; that they approached the intersection at a speed of ten miles per hour, reducing the speed to three miles per hour as they reached the near house line on the intersecting street, that on reaching the house line the driver saw the street car approaching about eighty or one hundred feet away but continued to drift toward the tracks; that the motorcycle passed on to the'tracks when the car was only fifteen or twenty feet away and still in motion, and was struck before it could clear the tracks; and where there was nothing to show that the trolley car was not under perfect control, or that it was approaching at an excessive speed. Reid, no evidence of negligence.</p> <p>2. Not decided if there was negligence of the passenger.</p>