Citation Numbers: 135 A. 631, 288 Pa. 175
Judges: OPINION BY MR. JUSTICE WALLING, January 3, 1927:
Filed Date: 11/30/1926
Status: Precedential
Modified Date: 1/13/2023
Argued November 30, 1926. Gray's Ferry Bridge extends in an easterly and westerly direction over the Schuylkill River in Philadelphia. The bridge is of the width of sixty feet, with a thirty-six foot paved cartway in the center. A double track street railway occupies some fourteen feet of the center of the cartway, leaving a space of about eleven feet on each side. On the west bank of the river, tracks of the Pennsylvania Railroad pass under the bridge; on the south side of the latter a stairway leads up from the railroad. Westbound street cars stop opposite the stairway to receive *Page 177 and discharge passengers. About four o'clock on the afternoon of November 15, 1924, plaintiff's husband, Wilbert Watson, a railroad brakeman, came up the stairs intending to take a westbound street car. This necessitated his crossing the eastbound cartway, and while attempting to do so, he was struck and killed by one of defendant's auto delivery trucks. This suit, brought by the widow, on account thereof, resulted in a verdict and judgment in her favor and defendant has appealed.
The record discloses no facts to warrant a recovery. The trial judge erred in treating the case as an accident at a street intersection; in fact, there was no street intersection or public crossing there. True, westbound street cars stopped there, as above stated, but no street car was standing there at the time in question, and no one was in the cartway as defendant's truck approached. Deplorable as the accident was, its occurrence did not prove negligence (Gilles v. Leas,
Mr. Watson had a right to cross the cartway, but before attempting to do so it was his duty to look for approaching traffic (Weaver v. Pickering,
The judgment is reversed and is here entered for the defendant non obstante veredicto. *Page 180
Gilles v. Leas , 282 Pa. 318 ( 1924 )
Rosenthal v. Philadelphia Phonograph Co. , 274 Pa. 236 ( 1922 )
McAvoy v. Kromer , 277 Pa. 196 ( 1923 )
Cubitt v. New York Central Railroad , 278 Pa. 366 ( 1924 )
Weaver v. Pickering , 279 Pa. 214 ( 1924 )
Eckert v. Merchants Shipbuilding Corp. , 280 Pa. 340 ( 1924 )
Willinsky v. Fulton , 79 Pa. Super. 144 ( 1922 )
Luken v. Pennsylvania Railroad , 267 Pa. 315 ( 1920 )
Gavin v. Philadelphia Rapid Transit Co. , 271 Pa. 73 ( 1921 )
Koppang v. Sevier , 106 Mont. 79 ( 1938 )
Bratvold v. Lalum , 68 N.D. 534 ( 1938 )
Fritsch v. Atlantic Refining Co. , 307 Pa. 71 ( 1932 )
Dando v. Brobst , 318 Pa. 325 ( 1935 )
Smith v. Wistar , 327 Pa. 419 ( 1937 )
Heath v. Klosterman , 343 Pa. 501 ( 1941 )
Goff v. College Hill Borough , 299 Pa. 343 ( 1929 )
Borits v. Tarapchak , 338 Pa. 289 ( 1940 )
Danks v. Pittsburgh Rys. Co. , 328 Pa. 356 ( 1937 )
Johnston v. Cheyney , 297 Pa. 199 ( 1929 )
Carnevale v. McCrady-rodgers Co. , 318 Pa. 369 ( 1935 )
Tull v. Baltimore Ohio R. R. , 292 Pa. 458 ( 1928 )
Taylor v. Phila. Rural T. Co. , 111 Pa. Super. 575 ( 1933 )
Mantia v. Pearlman , 91 Pa. Super. 478 ( 1927 )
Joannides, Admrx. v. Norris , 146 Pa. Super. 488 ( 1941 )
Crawford v. Shenango Val. Trac. , 102 Pa. Super. 440 ( 1931 )
Duchaine, B.N.F. v. Ray , 110 Vt. 313 ( 1939 )
Harris v. DeFelice , 379 Pa. 469 ( 1954 )
Beireis v. Leslie , 35 Wash. 2d 554 ( 1950 )