Holland v. Philadelphia Rapid Transit Co.

113 A. 198, 270 Pa. 219, 1921 Pa. LEXIS 363

• Court: Supreme Court of Pennsylvania
• Decided: April 11, 1921
• Docket: Appeal, No. 276
• Status: Published

Opinion

Per Curiam,

The trial judge entered a nonsuit, which the court below refused to remove; this appeal ensued.

After reading the testimony, we are not convinced of error. The following narration of facts, Avritten by counsel for defendant, as a counterstatement of the question involved, fairly states the case: “An adult man, in broad daylight, starts to walk diagonally across a busy street upon which there are double street car tracks [running east and west], leaving the [north] curb at a point about 60 feet west of the foot crossing of an intersecting street; at that point he sees a car coming east - at good speed and probably 100 feet west of him; he proceeds south across the roadway 10 feet, across the westbound track 5.9 feet; when he reaches the space between the west- and eastbound tracks the car on the eastbound track is about 30 feet away and apparently increasing its speed; he walks briskly In front of this car and is struck before clearing the track. Quaere—Did plaintiff take a chance of getting over the track ahead of the car and thereby assume the risk of injury?”

The question was correctly answered in the affirmative by the court below; and we may add, as suggested by the trial judge, that, so far as the evidence shows, the motorman probably did all in his power to avoid the unfortunate injury which plaintiff, by his carelessness, brought upon himself.

The judgment is affirmed.