Hann v. Salem & Pennsgrove Traction Co.
Hann v. Salem & Pennsgrove Traction Co.
Opinion of the Court
The sole question raised relates to the propriety of a direction of verdict for the defendant by the trial judge. Plaintiff’s, decedent died as the result of injuries sustained because of his automobile, which he was himself driving, coming into collision with, a trolley car of the defendant.
The collision occurred on the Salem and Pennsville highway, a road running approximately north and south, and at an entrance to the farm of Lewis Stiles, who was an eye-witness of the accident. The farm is about a mile from Pennsville, and defendant’s trolley line runs along that road. The locality seems to have been open country, and the car was moving toward the south at what is testified to be the usual speed between towns of about twenty-five miles an hour, which is within the statutory limit. Pamph. L. 1915, p. 290, § 5 (2)'. The Stiles farm was on the east side of the road, which was laid three rods wide, with a traveled roadway of about thirty feet. The trolley line occupied about eight feet of the easterly side of the traveled wav; next on the west was a narrow strip which seems to have been used by pedestrians, and on which at the time some children were walking to school, it being eight-thirty a. jl. West of this the road had just been filled up with oyster shells, which were not broken or packed down, so this part of the road, ten or twelve feet wide, was not in use. Lastly, on the western side, was a traveled roadway on which decedent’s automobile was, going south, paralleling the ear. There was planking between the trolley rails at the Stiles entrance, and the collision occurred, because Hann undertook to enter the Stiles farm-yard by swinging his automobile to the left in front of the trolley ear. The ear and the automobile had been traveling side by side .for quite a distance until, as they neared the Stiles farm, the automobile drew slightly ahead (no witness testified to more than thirty feet) and suddenly swerved to the left, aiming for the planked crossing. Decedent made no signal of his intention .to turn as required by section 3 of the Traffic act. Pamph. L. 1915, p. 288; Pamph. L. 1918, p. 324. The side curtains of his automobile were down and fastened.
In the second place, even if it be assumed that there was negligence of the motorman (of which, as just stated, we find no proof), the uncontroverted facts show contributory' negligence of the decedent. ISTo one can tell whether he looked, or
The judgment will be affirmed.
For affirmance—The Chancellor, Chief Jüstice, Swayze, Trenchard, Parker, Bergen, Black, White, Heppenheimek, Williams, Taylor, Gardner, Ackerson, JJ. 13.
For reversal—-None.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.