252 Pa. 12 | Pa. | 1916
The jury disagreed and was discharged. Subsequently, the court entered judgment for the defendant on the whole record because it found as a matter of law that the plaintiff was guilty of negligence which contributed to the injuries for which the action was brought. We think the plaintiff’s negligence was a question for the jury, and that, therefore, it was error to enter judgment for the defendant.
From the plaintiff’s testimony, it appears that on the day of the accident he was driving a laundry wagon west, towards the city, on Penn avenue, Pittsburgh. At Thirteenth street, he turned to the left to drive south on that street and his wagon was struck between the front and rear wheels by defendant’s car which was going east on the out-bound track on Penn avenue. The plaintiff testified that when he entered Thirteenth street and pulled over on the other track the street car approaching from the west was 250 to 300 feet from him, and other witnesses testified that the car was at least half a block distant. He said he could not tell how fast the car was moving. The plaintiff also testified that he saw a person standing at the corner of the avenue and street signalling the car to stop by waving an umbrella. This person testified that he was waiting for a street car which he intended to board, that he signalled it to stop by waving his umbrella when it was fully half a block away, that he saw the wagon as it approached Thirteenth street and pulled on the east or out-bound car track, that the car was then about 200 to 220 feet west of Thirteenth street and was moving 20 to 25 miles an hour. There was other and corroborative testimony
The judgment is reversed with a procedendo.