Emery v. Monongahela West Penn Public Service Co.

Lively, Judge:

Defendant prosecutes error to a $1,500.00 verdict and judgment thereon awarded as damages for injuries sustained by him when defendant’s street car struck an automobile truck driven by plaintiff.

The collision occurred at a point in the city of Fairmont where Murray Avenue intersects (but does not cross) Pennsylvania Avenue, about noon on January 18, 1930. The weather was cloudy; the streets were icy and there was two inches of snow on the ground at eight o’clock that morning, and a little snow fell between 8:30 and 9 :30; the wind was blowing and the temperature of 20 degrees,…