Termini v. Philadelphia Rapid Transit Co.

Opinion by

Linn, J.,

A two-seated carriage, driven eastward on the Parkway by Nicholas Termini, his son on the front seat with him and his wife occupying the back seat, was struck by a street car traveling southward on 22d Street. The horse was killed, the carriage smashed, and the occupants were injured. Husband and wife brought suits; he was nonsuited because of contributory negligence; her case went to the jury and she got a verdict. He accepted the result of his suit but defendant appealed from judgment on her verdict.

Two points are now made: first, that her contributory negligence bars…