United States v. Philadelphia Transp. Co.

KALODNER, District Judge.

This case was tried without a jury. The action is by the United States of America against the Philadelphia Transportation Company for damages to a United States mail truck.

The facts are virtually undisputed. There was a collision between the defendant’s street car and the plaintiff’s mail truck, in front of the post office on the north side of Midvale avenue, between 36th and 37th streets. Midvale avenue at that point is downgrade, straight, and has two sets of car tracks in the center of the street. Midvale avenue is 40 feet from curb to curb. The distance from the…