15 Pa. Super. 103 | Pa. Super. Ct. | 1900
Opinion by (after finding the facts as set out in the statement of facts):
It is apparent from the testimony and was frankly admitted by the defendant’s counsel on the argument, that in the damage suffered by the plaintiff no fault was attributable to his driver either in being in the place he was or in omitting to do what was possible to escape the collision. Their contention is, that there was no evidence that the injuries were caused by any negligence on the part of the defendant; in other words, that on the plaintiff’s own showing this was an unavoidable accident for which no one was responsible. In the discussion of this question they summarize the testimony of the plaintiff’s witnesses as follows: Two cars, east-bound, stood at the lower side of Smithfield street, and just behind the second car was plaintiff’s team and wagon. After the circus had passed, the first car started up Fifth avenue, and when it had gotten across Smithfield street — about sixty or seventy-five feet from the second car — suddenly it stopped and started to run backwards down the grade. The motorman of the second car, seeing the danger of a collision with his car, or attracted by the shouts of danger from the people on the street, started to move his car back, when it was struck by the first car and driven into the plaintiff’s team. It
Judgment affirmed.