Weber v. Philadelphia Rapid Transit Co.
Supreme Court of Pennsylvania
Weber v. Philadelphia Rapid Transit Co., 256 Pa. 595 (Pa. 1917)
100 A. 992; 1917 Pa. LEXIS 666
Brown, Frazer, Moschzisker, Potter, Walling
Weber v. Philadelphia Rapid Transit Co.
Opinion of the Court
While there is some difference in the recollection of the witnesses in this case as to the actual facts, they all agree that the collision occurred almost immediately after the deceased attempted to drive on the track, and the correct conclusion of the court below was that, if he had looked, as it was his duty to do, he would have seen the car running rapidly towards him, so close to where he was about to cross as to have made it contributory negligence on his part to attempt to take the risk. For this reason the judgment for the defendant non obstante veredicto is affirmed.
Reference
- Full Case Name
- Weber v. Philadelphia Rapid Transit Company
- Cited By
- 7 cases
- Status
- Published
- Syllabus
- Negligence — Street railways — Horse and wagon — Bight angle collision — Contributory negligence — Judgment for defendant n. o. v. In an action against a street railway company to recover damages for the death of plaintiff’s husband caused by a right angle collision between a wagon driven by the deceased and one of defendant’s cars, judgment was properly entered for defendant n. o. v., where it appeared that if deceased had looked before attempting to cross the track he would have seen the car coming rapidly towards him and so close that he could not have crossed in safety.