79 Pa. Super. 180 | Pa. Super. Ct. | 1922
Opinion by
The plaintiffs who are husband and wife brought this action alleging that as a consequence of the negligence of the employees of the defendant Mrs. Hart was severely injured, and an automobile of her husband was damaged in a collision of the car of the defendant with the automobile at a road crossing. Verdicts were rendered in favor of each of the plaintiffs and judgments entered thereon pursuant to the statute. A single appeal was taken and at the argument the appellant’s counsel elected to prosecute the appeal from the judgment in favor of Carl E. Hart and discontinue the appeal from the judgment in favor of Mary Hart. The plaintiffs’ evidence shows that Mrs. Hart and her sister, Nellie Schmittle, were riding in the automobile and started across the track of the defendant company; that the engine of the automobile “stalled” and that while in that situation a car of the defendant moving at a speed of 35 miles or more an hour struck the automobile producing the damage complained of; that the occupants of the car stopped immediately before attempting to cross the track and looked in both directions along the track, but that no car was in sight. They then started, over the track with the result above stated. It appeared that they had a view of the track for about 1,200 feet in the direction from which the defendant’s car was coming. Miss Schmittle testified that when she observed the approach of the street car she rose in the automobile and signalled to the motorman to stop, and her testimony in this respect is corroborated by Mrs. Hart and a passenger in the trolley car. Other evidence supported the plaintiffs’ allegation that the trolley car was moving at a speed of 30 or 35 miles an hour, and that its speed was not slackened up to the time the collision occurred. Bessie Guest who was a passenger in the trolley car saw the automobile standing on the track “right after we left Ward Avenue Station” which was shown to be a distance of about 1,200 feet from the crossing. Natalie Jones a passenger on the car
The only other question for consideration is the action of the court as set forth in the first and second assignments rejecting the offer of the.defendant to show on the cross-examination of Mrs. Hart that she did not have a “driver’s license.” The court sustained the objection on the ground that the question was irrelevant. It is not alleged that the car was an unregistered car. The learned counsel of the appellant relies on the case of Chase v. New York C. R. Co., 208 Mass. 137, in support of his contention that the plaintiff’s action could not be sustained because Mrs. Hart had no driver’s license. The case cited was based on the peculiar language of the Massachusetts statute. The automobile in question was an unregistered automobile. The statute there forbade that an unregistered automobile be operated on the highways of that Commonwealth, and as it was not permitted to be on the highway, it was held to be not a subject of protection except against wanton conduct or gross negli
The judgment is affirmed