243 Pa. 427 | Pa. | 1914
Opinion by
The plaintiff in this case sought to recover damages for personal injuries suffered in a collision with a street car, due to the alleged negligence of the defendant in running the car at an undue rate of speed, and in failure to give notice of its approach. The defense was contributory negligence by the plaintiff, in that while driving longitudinally with the track, he turned at an angle and drove across the track in front of the approaching car, when it was so close that it could not be stopped in time to avoid the collision. The case was tried once before, and resulted in a verdict for defendant rendered in pursuance of binding instructions by the court below. Upon appeal to this court as reported in 238 Pa. 216, the judgment was reversed upon the ground that the evidence as disclosed by the record did not support a material averment of fact, as assumed by the court below. The second trial resulted in a verdict for plaintiff, but subsequently the court entered judgment non obstante
It appears that East Beau street in the Borough of Washington runs east and west. From this street, North avenue leads northwardly, but does not cross it. Just prior to the accident the plaintiff was driving eastwardly on East Beau street longitudinally with the car tracks, and a car of the defendant company was approaching him, coming westwardly on that street. The
Under these and numerous other decisions to the same effect which might be cited, it cannot be doubted that the court below was right in entering judgment for defendant upon the ground of his contributory negligence in failing to look for the approaching car immediately before he entered upon the track in front of it. This is true, even taking it for granted that upon the question of defendant’s negligence there was sufficient to take the case to the jury. As to that, plaintiff offered no evidence to show the speed at which the car was running. He himself said that “it was coming just as fast as it could.” This is very indefinite and it is evident that plaintiff was not at the time in a position to enable him to form a reliable estimate of the speed. He also testified that he
The judgment is affirmed.