Klingensmith v. West Penn Railways Co.

Opinion by

Mr. Justice Sadler,

While standing in the highway, and about to enter defendant’s street car, plaintiff’s husband was struck by a passing automobile, receiving injuries which caused his death a few days later. Suit against the street railway company resulted in a verdict for plaintiff. Motions for a new trial and for judgment n. o. v. were subsequently overruled by the court below, and from this order an appeal has been taken.

Defendant’s tracks are laid along the east side of a public alley in the Borough of Manorville. Paralleling the alley on the east side is a state highway, the…