Pennsylvania Superior Court Reports

Cover Pennsylvania Superior Court Reports
Pennsylvania Superior Court Reports
Pennsylvania. Superior Court
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. .
Q. How far from the track were you when you looked? . . .
A. About fifteen feet. Q You mean you were fif- teen feet inside of the fence? .... A. About fifteen feet.
Q. And where were the mules then, the front mules? A.
Inside of the field .... about five feet to the bars. . . .
Q. Then you didn't look again until you got on the track?
A. I looked before I got on the track. Q. Where were you when you looked the second time? A. Coming out of the bars then. . . . The front mules had their head
...s just about on the front rail of the track." He further states (and if his testimony on this point was not perfectly clear or consistent, its effect as a whole was still for the jury: Ely v. Ry. Co., 158 Pa. 233, 237; Com. v.
Winkelman, 12 Pa. Superior Ct. 497, 513) that, having thus looked before leaving the field with a view of the track for 750 feet to the east and again just before com- mitting himself to the crossing, he first saw the car at the distance stated when ^'the middle of the wagon was on the track" and the mules had cleared it.


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