Boliver v. Philadelphia

Opinion by

Stadtfeld, J.,

This is an action in trespass against the City of Philadelphia, arising out of an accident which occurred on January 7, 1938, about 3:30 P. M.

The City of Philadelphia filed no affidavit of defense, but issued a Sci. Pa. naming the Philadelphia Rapid Transit Company as additional defendant.

On a clear, dry day, on the date above mentioned, plaintiff was driving a motorcycle in the middle of the car track southwardly on Fourth Street, between Arch and Market Streets, Philadelphia. Traffic was heavy and moving in front of him, behind him and to his left. On his right,…