Swilley v. Philadelphia Transportation Co.

Opinion by

Rhodes, J.,

Defendant’s motion for judgment n.o.v. was overruled, and from this action of the court below it has appealed; its motion for a new trial was granted.

Defendant maintains that plaintiff is precluded from recovery because he was guilty of contributory negligence.

Plaintiff was driving his automobile east on Chestnut Street, Philadelphia, about 15 miles per hour, on a dry clear morning. His automobile and defendant’s trolley car collided at Fifteenth and Chestnut Streets. Chestnut Street has one-way traffic eastward, and Fifteenth Street has one-way traffic southward.…