Struse v. Philadelphia Rapid Transit Co.

Opihioit by

Trexler, J.,

The plaintiffs’ driver placed their truck, loaded with cement upon the street car tracks of the defendant company, thus blocking them. The cement was intended for the parties who had the contract for the paving of the street. Before the driver backed the truck across the tracks, he had waited about ten minutes for a car to pass, so ¡as not to unnecessarily obstruct the car line. He saw a car approach two blocks away, and before he could get out of the way the car struck the truck. The truck had been placed at such an angle as to conveniently deliver the cement to the…