Banks v. Shoemaker & Co.

Citations

• 260 Pa. 280
• 103 A. 734
• 1918 Pa. LEXIS 506

Syllabus

<p>Negligence — Automobiles—Pedestrians—Foot crossing — Speed— Sudden swerve — Contributory negligence — Case for jury.</p> <p>In an action by a pedestrian to recover for personal injuries sustained by being struck by a motor truck, the case was for the jury and a verdict and judgment for plaintiff will be sustained where it appeared that the accident occurred while plaintiff was crossing a street; that when plaintiff reached the center of the street he saw defendant’s automobile approaching, about 120 yards away; that</p> <p>the advancing machine approached at such speed that it was almost upon him before he could reach the curb; that in an attempt to avoid being struck, plaintiff stepped backward, that the automobile swerved in the same direction, that plaintiff then went quickly forward, that the .automobile again pursued him, and struck him when within six or ten feet of the curb, the machine running up upon the pavement before coming to a stop; that the chauffeur of the truck made no serious attempt to stop it before the collision, although he admitted having seen the plaintiff when at least 269 feet distant from the point of the accident and that he could have stopped the truck at any time within ten or twelve feet.</p>