Arnold v. McKelvey

Citations

• 253 Pa. 324
• 98 A. 559
• 1916 Pa. LEXIS 832

Syllabus

<p>Negligence — Automobiles—Pedestrians—Street crossings — Contributory negligence — Trials—Remarles of counsel — Case for jury.</p> <p>1. Ordinary care must be observed by vehicle drivers and pedestrians at all times at and between crossings. More care is required to'be exercised by an automobile about to pass over a street crossing than between crossings; and more care is required of pedestrians between crossings than at crossings.</p> <p>2. In an action to recover damages for personal injuries sustained by plaintiff as a result of being struck by defendant’s automobile which was being operated by defendant’s chauffeur within the scope of his employment, the questions of defendant’s negligence and plaintiff’s contributory negligence were for the jury and a verdict for the plaintiff was sustained where it appeared that while plaintiff was attempting to cross a public street between crossings she observed plaintiff’s ear approaching and waited to allow it to pass, but that defendant’s chauffeur turned to speak to another occupant of the car and in so doing caused the car to swerve and struck the plaintiff.</p> <p>3. In such case reference by the counsel for the plaintiff in his closing address to the jury to the fact that the defendant’s chauffeur, who was in the court room and had been identified during the trial, had not been called as a witness in the defendant’s behalf was within the limit of reasonable comment by counsel.</p>