Emmelt v. Philadelphia Rapid Transit Co.

• Decision Date: 15 December 1926
• Docket Number: 83-1926
• Citation: 89 Pa.Super. 417
• Parties: Emmelt v. Philadelphia Rapid Transit Company, Appellant
• Court: Pennsylvania Superior Court

89 Pa.Super. 417

Emmelt v. Philadelphia Rapid Transit Company, Appellant

No. 83-1926

Superior Court of Pennsylvania

December 15, 1926

Argued October 13, 1926

Appeal by defendant, from judgment of Municipal Court of Philadelphia County-1925, No. 148, in the case of William J Emmelt v. Philadelphia Rapid Transit Company.

Trespass for damages to automobile. Before Cassidy, J.

The facts are stated in the opinion of the Superior Court.

Verdict for plaintiff in the sum of $ 346.50, and judgment thereon. Defendant appealed.

Error assigned, among others, was refusal of defendant's motion for judgment non obstante veredicto.

Affirmed.

John V Lovitt, for appellant.

Nathaniel Shapiro, for appellee.

Before Porter, P. J., Henderson, Trexler, Keller, Linn and Cunningham, JJ.

OPINION

HENDERSON J.

The verdict must be accepted as establishing the facts and reasonable inferences deducible therefrom developed in support of the action, as the appellant asked for judgment in its favor non obstante veredicto. The street car was moving eastwardly on Vine Street while the plaintiff was driving northwardly on 53rd Street. He had a right to cross the street in the exercise of the due care required in the circumstances. No rule of law prohibited the plaintiff from crossing the track merely because a trolley car was in sight coming toward the intersection of the two streets. The plaintiff can only be charged with contributory negligence when it clearly appears that the proximity of the car was so close that a person of ordinary prudence would not have attempted to cross the street car track until the car had stopped or had made the crossing. When the plaintiff passed the south line of Vine Street the trolley car was about two hundred and fifty feet west of the curb line of 53rd Street; the driver of the truck saw the car, sounded his horn and continued to observe the car's movement; when he was about to enter the track the car was about one hundred and twenty-five feet away; when he entered the track it was from seventy-five to ninety feet from the curb line. The truck was twenty-five or twenty-six feet in length and all of it except about seven feet of the rear had cleared the crossing when the collision took place. The rapid speed of the car was not slackened from the time the plaintiff saw it until the truck was struck. The truck was within the view of the motorman and it was his duty to exercise...