253 Pa. 502 | Pa. | 1916
Opinion bx
Plaintiff sued for injuries sustained by a collision at the corner of Coral and York streets, Philadelphia, with a car belonging to, and operated by, defendant. Defendant’s cars at this point run north on Coral street, and turn eastward on York street. Another line runs south on Coral street, and turns westward on York street, there being no connection between the two lines in York street.
Defendant contends it was entitled to binding instructions in its favor, as plaintiff was familiar with the location and conditions generally, including the route of
Complaint is made by defendant that the trial judge misconceived the facts concerning the extent of the overhang of the car in passing around the curve, it being contended that his instructions were based on the theory that it was impossible for the car and cart to pass each other at this point, and the accident was due to the excessive speed at which the car was traveling and rounding the curve. While it appears, from the part of the charge complained of, that the trial judge failed to take into consideration the fact that, in the moving of the car along the curve into York street, the extent of the overhang in Coral street, in the direction of the curb, would be less than at the corner of the two streets where the maximum overhang was reached, he, however, cautioned the jury that they were to make their own calculations and draw their inferences from the evidence, regardless
The judgment is affirmed.