Hawkins v. Philadelphia Rapid Transit Co.

Opinion by

Linn, J.,

Plaintiff’s Ford truck, while crossing Spruce Street, Philadelphia, at 58th Street, was struck by defendant’s street car. The verdict was for him. The court entered judgment for defendant n. o. v. The only debatable point now is whether plaintiff’s alleged contributory negligence was for the court or the jury.

There is little doubt that the judgment could be sustained if we had the power to find the facts as appellee states them: that plaintiff “had a clear and unobstructed *455view of a rapidly approaching trolley car of the defendant when he was 24 feet from the track, and the…