Supreme Court of Pennsylvania, 1917

Weber v. Philadelphia Rapid Transit Co.

Weber v. Philadelphia Rapid Transit Co.
Supreme Court of Pennsylvania · Decided February 26, 1917 · Brown, Frazer, Moschzisker, Potter, Walling
256 Pa. 595; 100 A. 992; 1917 Pa. LEXIS 666

Weber v. Philadelphia Rapid Transit Co.

Opinion of the Court

Per Curiam,

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.

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