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Lydia H. Mitchell v. Philadelphia Rapid Transit Company, Appellant.

Negligence — Automobiles — Trolley cars — Collision with automobile — Case for jury — Verdict for plaintiff.

In an action to recover damages for injuries sustained in a collision between an automobile and trolley car, the case was for the jury, and a verdict for plaintiff will be sustained where the evidence of the plaintiff was that her machine was struck by a trolley car, which was approximately 260 feet away when she first drove on the tracks of the defendant company, in attempting to extricate her machine from between two parked automobiles.

Argued October 24, 1924.

PER CURIAM, February 27, 1925:

The defendant appeals from a verdict recovered against it for $600, asserting that the verdict was against the evidence and against the law. Its motion for a new trial was dismissed, and judgment was entered on the verdict.

We are not favored with an opinion by the trial judge, but after a careful examination of all the evidence and the charge to the jury, we are satisfied that the court rightly refused the defendant's point for binding instructions, and that the disputed facts were fairly submitted to the only tribunal provided by law to dispose of them.

The judgment is affirmed.

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MITCHELL v. PHILA. RAPID TRANSIT CO
(Feb 27, 1925)