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A. P. Tea Co., Appellant, v. Phila. R.T. Co.

Negligence — Street car — Truck — Crossings — Collision — Contributory negligence — Judgment non obstante veredicto.

It is the duty of the operator of a truck, when driving over a double line of street car tracks, to look for the approach of trolley cars at the entrance on each track before attempting to cross it.

The operator of a truck may not rest on the assumption that an approaching trolley car will stop at the crossing. He must pay attention to its approach.

Kilpatrick v. Philadelphia Rapid Transit Co., 290 Pa. 288 followed.

Argued October 5, 1933.

PER CURIAM, October 26, 1933:

The material and controlling facts in this case are sufficiently similar to those in Kilpatrick v. Phila. R.T. Co., 290 Pa. 288, to bring it within the ruling in that case, and on its authority the judgment is affirmed.

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A. P. TEA CO. v. PHILA. R.T. CO
(Oct 26, 1933)