Wetzel v. Pittsburg Railways Co.

Citations

• 55 Pa. Super. 22
• 1913 Pa. Super. LEXIS 311

Syllabus

<p>Practice, C. P. — Judgment non obstante veredicto — Evidence.</p> <p>1. The Act of April 22, 1905, P. L. 286, does not change the law or the relative functions of the court and jury, but simply permits the court to do upon matured reflection and an examination of the whole record what it theretofore had the power to do upon the trial, that is, to direct the verdict if it appeared that there was no evidence from which the jury could find in favor of the party against whom the verdict is directed. If it should appear that there was a conflict in the evidence upon a material fact, or any reason why there could not have been a binding direction then there can be no judgment against the verdict afterwards.</p> <p>Negligence — Street railways — Collision between car and wagon — “ Stop, look and listen ” — Case for jury.</p> <p>2. In an action against a street railway company to recover damages for personal injuries to plaintiff and his team received in a collision with a street car, the case is for the jury where the evidence for the plaintiff although contradicted tended to show that he stopped his team at a proper and safe place to await the action of a street car which had stopped at a point 282 feet from him, that the car after stopping ran at an excessive rate of speed in a congested part of the city, that the motorman saw plaintiff, as he drove toward the tracks, and that the car struck the wagon just as it had nearly crossed the tracks in safety.</p>