Mellinger v. Conestoga Traction Co.

Opinion by

Keller, J.,

Plaintiff appeals from the order of the court below, discharging the rule to strike off judgment of non-suit, entered in an action of trespass. We must, therefore, for the purposes of this appeal, consider the facts as given in evidence by the plaintiff and his witnesses in the light most favorable to him.

Plaintiff was driving his automobile north on Cherry Street, a narrow street or alley, in the City of Lancaster, approaching Walnut Street, into which he purposed turning westward. Defendant maintains a street car track on Walnut Street on which the cars travel westward.…