219 Pa. 583 | Pa. | 1908
A nonsuit was entered in this case because the plaintiff’s testimony disclosed negligence on his part which contributed to the accident. The plaintiff was injured in crossing at night a street on which there were two tracks of the defendant’s railroad. The street had been excavated to the sub-grade for the purpose of repairing it and the ties of the railway tracks were exposed. The plaintiff waited near the track until a car had passed on the track farther from him and was struck by a car going in the opposite direction on the nearer track. He had not crossed the first rail of the track but was in the act of lifting his foot over it when he was struck. There can be no doubt of the correctness of the conclusion as to the facts and the law stated in the opinion of the learned trial judge: “ The fact is the plaintiff was struck by the car immediately upon lifting but one foot over the first rail to which he came.
The judgment is affirmed.