Pietro v. Philadelphia Rapid Transit Co.

Opinion by

Mr. Justice Simpson,

Toronto and 22d Streets, in the City of Philadelphia, cross each other at right angles; the former is trackless, but the latter has two lines of trolley tracks owned by defendant, on one of which its cars travel northward, and on the other southward. The accident, out of which the present action arose, occurred on a bright clear day at the intersection of those streets, at a time when trolley cars, trucks and other vehicles using the streets could be seen for a long distance.

In considering whether or not the trial judge erred in not giving binding instructions…