Hetzlein. v. Johnstown Traction Co.

Opinion by

Mr. Justice Bell,

Defendant appealed from the dismissal of its motion for judgment n.o.v. in an accident case. Defendant claimed that plaintiff tested a manifest danger as demonstrated by the speed of the trolley car and the distance it was from her when she started to cross the tracks. The only question involved was whether the plaintiff was guilty of contributory negligence as a matter of law.

Plaintiff was 60 years of age and weighed approximately 200 pounds. She left home at 7:30 on the evening of the accident and crossed Center Street at a regular crossing intending to take a…