Wack v. Philadelphia Rapid Transit Co.

Opinion bt

Keller, J.,

The plaintiff obtained a verdict against the defendant company in an action of trespass. The court below entered judgment for the defendant, Non obstante veredicto, on the ground of plaintiff’s contributory negligence. In this appeal all disputes as to the facts and the inferences reasonably to be drawn from them must be resolved in favor of the plaintiff.

Chestnut Street, Philadelphia, is a one-way street, vehicular traffic moving eastward. Defendant’s street car line runs in the middle of the street with vehicles traveling the same direction on both sides of it.

A police…