Berger v. Philadelphia Rapid Transit Co.

J. B. McPHERSON, District Judge.

The excellent brief of the defendant’s counsel demonstrates, as it seems to me, that the plaintiff’s own testimony convicts him of contributory negligence. He was driving a heavy wagon east on Summer street in the city of Philadelphia, intending to turn north on Eighth street. There was a front hood on the wagon, which prevented him from seeing anything on either side, unless he leaned forward and looked around the hood. As soon as he could see down Eighth street, he looked south toward Vine, saw a ñorth-bound car a half square away that was either stopping or…