Schulte v. Yellow Cab Co. of Phila.

• Decision Date: 28 January 1932
• Docket Number: 125-1931
• Citation: 158 A. 184,104 Pa.Super. 130
• Parties: Schulte v. Yellow Cab Co. of Phila., Appellant
• Court: Pennsylvania Superior Court

158 A. 184

104 Pa.Super. 130

Schulte v. Yellow Cab Co. of Phila., Appellant

No. 125-1931

Superior Court of Pennsylvania

January 28, 1932

Argued October 20, 1931

Appeal by defendant from judgment of M. C., Philadelphia County August T., 1930, No. 213, in the case of A. J. Schulte v Yellow Cab Company of Philadelphia.

Trespass to recover for personal injuries. Before Walsh, J., without a jury.

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

Finding for plaintiff in the sum of $ 500 and judgment entered thereon. Defendant appealed.

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

Reversed.

M. Randall Marston and with him Bernard J. O'Connell, for appellant.

Bryan A. Hermes for appellee.

Before Trexler, P. J., Keller, Linn, Gawthrop, Cunningham and Baldrige, JJ.

OPINION

Gawthrop, J.

Plaintiff claimed damages for personal injuries alleged to have resulted from the negligent operation of one of defendant's taxicabs. The case was tried before a judge sitting without a jury, and a finding was rendered for plaintiff. From the judgment entered thereon defendant brought this appeal.

The accident happened in the City of Philadelphia shortly after 8 P. M. Plaintiff alighted from a train at the West Philadelphia Station of the Pennsylvania Railroad Company located on the north side of Market Street at a point opposite the mouth of Thirty-second Street, which runs into Market Street from the south but does not cross it. At this point Market Street is sixty feet wide between curbs and has a twenty foot sidewalk on the north side. In the center of the street there is a double track street railway. A double track elevated electric railway, supported by pillars, runs along the middle of the street at this point. After plaintiff alighted from the train he walked from the station to a point on the sidewalk at the north curb line of Market Street. Immediately east of this point the pavement is crossed by a driveway running from Market Street into the station property. The width of this driveway is twenty-seven feet six inches. Plaintiff testified that he knew that immediately in front of him, along the north rail of the westbound trolley track, there was a safety zone rope supported by standards, the purpose of which is to prevent vehicles from crossing the trolley tracks at that point; that the mouth of Thirty-second Street was about seventy-five feet to the west; that the westbound traffic used the north side of Market Street; that when he got to the curb line and was ready to cross Market Street he looked to the west and to the east; that he saw a yellow taxicab standing along the north curb line of Market Street at a point just east of the driveway above described, but that he saw no moving vehicle; that he could see twenty-five or thirty feet "down the cartway past the cab east on Market Street;" that his intention was to cross Market Street; that the place was well lighted; that he "kept on watching all the time" as he moved out toward the safety zone standard and, when he had walked about ten feet, or half way between the curb and the trolley track, he heard a noise like that which is caused by the application of brakes and saw the taxicab, which struck him, five or six feet to his left. He testified also that the taxicab moved five or six feet after it struck him. When he was asked why he did not see the taxicab until it was within five or six feet of him, if he was watching at the time, he answered: "Unless it came out under the L . . . . I didn't see anything, didn't see where he came from, because he was on me before I knew where he was coming from."

The driver of the taxicab testified that as he passed a line of taxicabs which were standing along the north curb of Market Street just east of the driveway leading to the railroad station, and when he was moving at a speed of ten or fifteen miles an hour, he suddenly saw defendant move up in front of him and put out his hand.

Appellant...