Tyrrell v. Philadelphia Rapid Transit Co.

Opinion by

Keller, J.,

Mary Tyrrell, one of the plaintiffs, while crossing 23d Street at Fairmount-Avenue, was knocked down and severely injured by one of defendant's cars traveling northward on 23d Street. Plaintiff’s amended statement charged that defendant was negligent in running its car at an unlawful rate of speed and without notice or warning of approach by sounding a gong or ringing a bell.

No proof was presented by the plaintiffs that the car was running at an unlawful, or even at a high, rate of speed; in fact the car’s speed was not referred to by any, of the witnesses. There was no…