Ward v. Philadelphia Rapid Transit Co.

Opinion by

Keller, J.,

This was an action of trespass for damages resulting from a collision between a truck, in which the plaintiff was riding, and the defendant’s trolley car. On this appeal the negligence of defendant’s motorman is not contested. It contends, however, that judgment should be entered in its favor non obstante veredicto because of plaintiff’s contributory negligence.

The material facts may be briefly summarized as follows: When the truck, in which the plaintiff was riding, traveling south on 37th Street, got to the house line of Lancaster Avenue, the plaintiff looked and saw…