Natvig v. Philadelphia Rapid Transit Co.

Opinion by

Me. Justice Kephaet,

Appellant charged defendant with the negligent operation of its trolley car, by which she sustained injuries. A verdict was recovered, which the court in banc set aside and entered judgment n. o. v.

The reason given for this action was that the testimony failed to disclose how far the trolley car was from the automobile when the appellant entered the car track, and that plaintiff voluntarily committed herself to a position of danger when the trolley car was so close that a collision was inevitable. In so concluding, the court in banc erred.

Appellant’s testimony…