Citation Numbers: 26 A.2d 442, 344 Pa. 651
Judges: PER CURIAM, May 25, 1942:
Filed Date: 5/14/1942
Status: Precedential
Modified Date: 1/13/2023
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 *Page 652
necessary to pass a car parked in front of his) 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 curb to the street car track. Plaintiff at one point in the trial testified: "The car was in a safe position," at another, that there was insufficient clearance between the car and the track. It remained there, as he says, "three or four minutes." A heavy rain restricted visibility to from 30 to 40 feet. Instead of going back or sending his stepson back to warn possibly approaching street car traffic of the position of his car, he tried to start it, at the same time sending his stepson to a garage for assistance. Defendant's street car came along from plaintiff's rear, damaged his car, for which no claim is made, and injured him, for which damages are claimed. He knew the weather conditions; realized, or should have realized the dangerous position of his car; neglected to take the precautions, such as warning the street car traffic, which a prudent man in such circumstances would have taken, and may therefore not recover. Compare Coleman v.Pittsburgh, etc., Co.,
The cases relied on by appellant are readily distinguishable. In Mead v. Central Pa. Traction Co.,
Judgment affirmed.
Coleman v. Pittsburgh, Harmony, Butler & New Castle Street ... , 251 Pa. 498 ( 1916 )
Estep v. Beaver Valley Traction Co. , 278 Pa. 414 ( 1924 )
Mead v. Central Pennsylvania Traction Co. , 63 Pa. Super. 76 ( 1916 )
Pollock v. Phila. Rapid Tr. Co. , 139 Pa. Super. 256 ( 1939 )
McPherson v. Phila. Rapid Transit Co. , 85 Pa. Super. 275 ( 1924 )