Wiley v. P.T.C

Full title: Wiley, Appellant, v. Philadelphia Transportation Co

Court: Superior Court of Pennsylvania

Date published: Dec 11, 1946

49 A.2d 865 (Pa. Super. Ct. 1946)

49 A.2d 865

Opinion

November 18, 1946.

December 11, 1946.

Tarbit v. Philadelphia Transportation Co., 346 Pa. 234, followed.

Before BALDRIGE, P.J., RHODES, HIRT, RENO, DITHRICH, ROSS and ARNOLD, JJ.

Appeal, No. 97, Oct. T., 1946, from judgment of C.P. No. 2, Phila. Co., Sept. T., 1944, No. 830, in case of John E. Wiley v. Philadelphia Transportation Company. Judgment affirmed.

Trespass for personal injuries and property damage. Before CRUMLISH, J.

Verdict in the sum of $726 for plaintiff. Judgment n.o.v. entered for defendant. Plaintiff appealed.

Abraham J. Levinson, for appellant.

S. Regen Ginsburg, with him Bernard J. O'Connell, for appellee.

Argued November 18, 1946.

PER CURIAM, December 11, 1946:

The plaintiff in this appeal was guilty of contributory negligence in driving his automobile onto the track in front of an approaching trolley car.

We concur in the view of the learned court below that the case is controlled by Tarbit v. Philadelphia Transportation Company, 346 Pa. 234, 29 A.2d 487.

Judgment affirmed.