140 A. 496 | Pa. | 1927
Argued December 6, 1927. Sixty-seventh Street, extending through Philadelphia in a northerly and southerly direction, is crossed at right angles by Lansdowne Avenue and defendant's double track street railway going north in the former turns west into the latter. The customary stop for outbound cars was at the southeast corner of the intersection, but at the time in question, Sixty-seventh Street being torn up, the stop was made on the curve. This enabled passengers to alight in the paved cartway which was intact on the north side of Lansdowne Avenue. On the evening of June 3, 1923, plaintiff, a woman fifty-seven years of age, and a passenger on one of defendant's *566 outbound cars, alighted therefrom at its stop on this curve. The folding doors, through which she passed were at the center of the car and after she stepped upon the pavement were closed and the car started forward around the curve in Lansdowne Avenue. In place of stepping away from the car, plaintiff walked toward its rear end, and was struck and injured by the overhang which swung out about three feet, as it rounded the curve. Plaintiff was accustomed to ride on this line and was familiar with the crossing and the stop. There was nothing present to distract her attention or prevent her from stepping away from the track. The trial court granted a compulsory nonsuit, and, from the order of the court in banc discharging the rule to take off the same, plaintiff brought this appeal.
The action of the court was free from error. However "the state of the record requires the testimony of the plaintiff, with all proper inferences deducible therefrom, to be construed in the light most favorable to her, but it is still for the court to say if, taken as true, actionable negligence by defendant has been shown": Scanlon v. P. R. T. Co.,
None of the cases cited for appellant is parallel to the one in hand. In Theisen v. Pittsburgh Rys. Co.,
The order overruling the motion to take off the non-suit is affirmed. *568