201 Pa. 351 | Pa. | 1902
Opinion by
The plaintiff was injured by a collision between his wagon and a car of the defendant company at the intersection of Old avenue and High street in the city of Pittsburg, on the afternoon of May 21, 1900. Old avenue runs almost parallel with Fifth avenue and crosses High street at a point about 250 feet from Fifth avenue. The defendant company occupies High street with a double track of street railway from Fifth avenue to Forbes street.
Plaintiff’s testimony shows that on the day of the accident he was driving east on the south side of Old avenue in a covered wagon, drawn by two horses. There were windows in the side of the wagon covering through which he could see. As he proceeded toward High street, he was watching for a car but heard no bell or other signal of an approaching one. He looked towards Forbes street, and saw no car; then he looked in the opposite direction and saw a car turning from Fifth avenue on to High street. He says that at that time the motorman was looking out Fifth avenue, and was standing away from his brake. The plaintiff was then from 220 feet to 230 feet from the car. At the time he saw the car he had just passed the property line of High street and his horses were about step
Every material part of the plaintiff’s testimony was contradicted by the evidence of the defendant. It tended to show that the plaintiff approached the crossing at a rapid and reckless speed, without looking for a car, and that he drove on the track when the car was about ten feet from him; that the car stopped when it turned on to High street, and ran slowly down to Old avenue sounding the gong. It is denied that the motorman was looking out Fifth avenue and did not have his hand on the brake or controller at the time he turned on to High street, or while the car was moving along that street.
At the conclusion of the testimony, the. defendant requested the court to charge that under all the evidence the verdict must be for the defendant. This request was refused, and the case having been submitted to the jury, a verdict was rendered for the plaintiff. The answer to the defendant’s point is the only error assigned.
The question involved in this appeal as stated by the defendant is whether or not the plaintiff was guilty of negligence contributing to his injuries. It is urged by the defendant’s counsel in support of the appeal that the plaintiff’s testimony shows that he did not exercise proper precaution in approaching the crossing, and that the accident is attributable to his own carelessness.
We are not convinced that the learned trial judge committed error in refusing to withdraw this question from the jury. While that body under the testimony submitted might well have sustained the defendant’s contention yet there was sufficient evidence on which to base a verdict for the plaintiff. Accord
The assignment of error is overruled and the judgment is affirmed.