Elliott v. Philadelphia Transportation Co.

Opinion by

Mr. Justice Linn,

The plaintiff was run down by a street car on Haverford Avenue at the intersection of Preston Street in Philadelphia. He sued the Transportation Company and recovered a verdict of $1,500. The trial court entered judgment for the defendant notwithstanding the verdict. Plaintiff appealed to the Superior Court, which reversed the judgment. We allowed this appeal.

Haverford Avenue, between 40th and 41st Streets, has a cartway 44 feet between curbs and sidewalks 18 feet wide. The block from 41st Street on the west, to 40th Street on the east, is intersected at right…