266 Pa. 390 | Pa. | 1920
Opinion by
Plaintiff sued to recover for personal injuries sustained in a collision between one of defendant’s cars and a wagon upon which he was seated and driving. A verdict was rendered for plaintiff and, following a refusal by the court below to sustain a motion for judgment non obstante veredicto and entry of judgment for plaintiff, defendant appealed.
On October 12, 1917, about 6:40 p. m., plaintiff was driving westward on Erie avenue in the City of Philadelphia, on which street defendant operates its cars on a double line of tracks located in the center of the roadway. At a point between Fourth and Fifth streets, by reason of repairs being made to a bridge, a part of the street above the tracks of a steam railroad, the right
The entire roadway on the north side of the street, together with the westbound track between the bridge and the point where the collision occurred, was obstructed by switches and 'bridge building materials. Plaintiff testified that, owing to the obstructions and dangerous condition of the street at the north side, he turned his team to the left or south roadway, and, as the distance he was obliged to travel was the same regardless of the direction in which he attempted to go, the turning of his team to the left was not the cause of the accident. He delayed leaving the track, according to his testimony,
The judgment is affirmed.