Kelly v. Philadelphia Transportation Co.

Opinion by

Hirt, J.,

Judgment was entered for plaintiff on the verdict for injuries sustained while a passenger on defendant’s street car. The car, proceeding northwardly in Third Street in Philadelphia, ran into a truck in the intersection at Spring Garden Street as the truck was crossing the track. The assignment of error, going to the refusal of the court to enter judgment for the defendant n.o.v., raises the single question of defendant’s negligence.

Plaintiff’s meagre testimony does no more than to prove a collision between defendant’s street car and a truck, not under its control or…