Magesiny v. T. M. Smithian Trucking Co.

Opinion by

Baldrige, J.,

The only dispute in this case is whether the court was correct in concluding as a matter of law that the plaintiff was guilty of contributory negligence.

Under plaintiff’s testimony, on the morning of December 31, 1931, between 10 and 11 o’clock, his one-half ton Chevrolet truck was parked on the east side of 4th Street near the curb, facing south, and about 24 feet north of the north curb line of Queen Street, Philadelphia. He started his car, and was proceeding at about five miles an hour in a southerly direction near the curb when defendant’s truck, approaching from…