Philip Calla v. Hershey Transit Co.

Opinion by

Trexler, J.,

The electric street car of the defendant company collided with plaintiff’s truck. The accident occurred at 8 o’clock on a dark night. Plaintiff was going along the traveled highway and as he was in the act of passing over a diagonal crossing of defendant’s tracks, he was blinded by the lights of an approaching automobile and swerved from his proper course so that his rear wheel caught in the rail, and he continued thus a distance of about 80 feet on the tracks of the defendant company. According to plaintiff’s story his efforts to surmount the rail caused him to proceed…