Arlia v. Philadelphia Transportation Co.

Bok, P. J.,

Plaintiff recovered a verdict of $2,660. Defendant offered no evidence and the only motion before us is its motion for judgment n. o. v.

Plaintiff sold ice cream from a pushcart. On August 25, 1945, he was parked against the curb on Twenty-second Street between Ridge and Columbia Avenues, about 200 feet south of Columbia. When it was time to go home he looked north, saw no trolley car coming, and started north in the car tracks, pushing his cart before him, its wheels straddling the east rail. Automobiles were parked bumper to bumper on both sides of the street from the Ridge to…