258 Pa. 282 | Pa. | 1917
Opinion by
This appeal is from an order refusing to set aside a compulsory nonsuit, granted in an action by a father and minor son for personal injuries to the son. There is a bridge about twenty-five feet in width in Second street,
On March 20, 1915, the, plaintiff, Harry Harper, was driving a horse and wagon for some men engaged in trimming trees. The wagon box was seven and one-half feet long and in it was an extension ladder, also some rope and shears. The ladder was adjusted at its minimum, length of fifteen feet and one end was under the seat in front and about one-half extended back over the rear end of the box. It was placed parallel to and along the right side of the wagon box. Three workmen were in the wagon, one seated on the ladder and two on the seat with plaintiff. Plaintiff was going south and approached the bridge on the southbound track, it being necessary to occupy the track in driving over the bridge. He looked back and saw a trolley car coming behind him about three hundred feet away; and immediately reined his horse to the left so as to get on the northbound track that the car might pass, and succeeded in getting the horse and front wheels of the wagon on that track, but the car overtook him before he could get the rear end of the ladder out of the way, and struck it with such violence as to force it through the front end of the wagon box, and to push the horse, wagon and load about 150 feet up the grade, throwing plaintiff and his companions from the wagon and causing the injuries here complained of. Plaintiff’s efforts to get out of the way were somewhat hindered by the narrow bridge and also by temporary obstructions at the side caused by the work of constructing a sewer. At the time of the col
An inference of defendant’s negligence can reasonably be drawn from the evidence, and therefore the case is for the jury. The following language of Judge Henderson, in Friedland v. Altoona & Logan Valley Electric Ry. Co., 59 Pa. Superior Ct. 589, 542, is applicable to this case:
“The plaintiff was in the exercise of a lawful right in driving along the track and although the defendant company was entitled to the right of way its employees were bound to exercise the right in such a manner as to give those driving along the track a reasonable opportunity to get out of the way when notified of the approach of the car.” So also is the language of Judge Porter in Davis v. Media, Middletown, Aston & Chester Electric Ry. Co., 25 Pa. Superior Ct. 444, 448, that, “When the tracks are laid in a public highway, the driver of a wagon lawfully using them in front of an approaching car, while it is his duty to give way and not obstruct its progress, is entitled to reasonable
The judgment is reversed and procedendo awarded.