Jacobs v. Pittsburgh Railways Co.

Per Curiam,

The appeal, which was submitted without oral argument, is from the refusal to take off a non-suit entered on the ground of plaintiff’s contributory negligence. At about 8.50 P. M., October 20,1937, plaintiff, accompanied by his wife and stepson, was in his car which was parked at the curb of Franklin Street, in Wilkinsburg. He started his car toward the middle of the street (it being necessary to pass a car parked in front of Ms) but before reaching the street car track, his car stalled. It was then near the rail but not over it, and, apparently, on a diagonal line drawn from the…