C. L. Lavine, Inc. v. Phila. R. T. Co.

Opinion by

Baldbige, J.,

This is an action in trespass to recover damages to plaintiff’s truck resulting from being struck by a trolley car of the defendant company. The lower court held that the plaintiff was guilty of contributory negligence and entered a compulsory nonsuit. The plaintiff appealed from the order refusing to take off the nonsuit.

On the afternoon of February 10,1928, between 4:30 and 5:00 .o ’clock, the truck of the plaintiff was driven to the front of 433 Market Street, four or five houses east of Fifth Street, where it was backed to the curb with the front of the truck…