Rieck-Mcjunkin Dairy Co. v. George

Opinion by

Hirt, J.,

Plaintiff’s truck had been parked close to the east curb of McClure Avenue , in Pittsburgh when it was struck by defendant’s street car approaching from the rear. The jury in this action found in favor of the plaintiff for. the cost of repairing its truck. Defendant’s negligence is conceded. The motorman admitted that he had observed the truck near the car track but was unable to stop the street car in time to avoid the collision because of defective brakes. On a review of the case the court en banc concluded that the testimony convicted plaintiff’s driver of contributory…