Cox v. Wilkes-Barre Railway Corp.

Opinion by

Mr. Justice Patterson,

In this action of trespass Myrtle Cox, appellant, seeks to hold Wilkes-Barre Railway Corporation, appellee, liable for the death of her husband, Richard Cox, who died as the result of injuries sustained when one of its trolley ears collided with an automobile in which the husband was a passenger. The statement of claim, to which no affidavit of defense was filed, charged that appellee’s motorman was negligent (a) in approaching a street intersection without warning, (b) in operating the trolley at an excessive rate of speed and (c) in failing to have it under…