198 Pa. 332 | Pa. | 1901
Opinion by
The contributory negligence of the plaintiff was the reason given by the court below for entering the judgment of non-suit. On November 17,1897, he was driving eastward on Fifth avenue, in the city of Pittsburg, on which are the double tracks of the defendant. The avenue is sixty feet wide. The distance from the tracks to the curb on each side is fourteen feet. While so driving on the south side of the tracks, the plaintiff undertook to cross them at a point where Ivy street runs to, but does not intersect Fifth avenue, his intention having been to go northward on said street. He was nearly across the first or south track when the car of the defendant company going eastward on it struck the rear of his wagon, throwing him into the street and causing the injuries complained of. His testimony was that just as he started to cross the track he looked and saw the car at least 100 yards from him, and he thought he had time to get over. When asked whether he was not guessing at the distance, his reply was, “ It was a good piece ; it was the other side of the street yet.” The street to which he referred was Bellefonte, distant west of Ivy street by actual measurement, according to the testimony of the engineer called, 477*% feet. The plaintiff and his witnesses testified to the rapid speed of the car, the highest rate named being twenty-five
The judgment is affirmed.