Bew v. Daley

Citations

• 260 Pa. 418
• 103 A. 832
• 1918 Pa. LEXIS 536

Syllabus

<p>Negligence — Automobiles—Right-angle collision — Absence of lights — Sudden turning of curve — Contributory negligence — Sudden danger — Sounding horn — Case for jury.</p> <p>1. A driver of an automobile approaching a street intersection has the right to assume that another automobile, approaching on the intersecting street, will do so at a moderate speed and under control. No man is bound to anticipate the negligence of another.</p> <p>2. In an action' to recover for personal injuries sustained in a right-angle collision between two automobiles at night, the case is for the jury and the court erred in entering a compulsory nonsuit, where it appeared that plaintiff, when 250 feet from the intersection, saw defendant’s truck approaching; that plaintiff was driving at the rate of twelve miles per hour and defendant at about twice that speed; that there was no light on defendant’s truck, and it approached the intersection without warning; that plaintiff was on his right hand side of the street and his headlights were burning; that the truck came rapidly around the corner and violently collided with the front of plaintiff’s car, which was stopped about three feet short of the curb, and that by the impact plaintiff’s car was thrown back about eight or ten feet and plaintiff was seriously injured; and while the street on which' defendant’s truck approached came to a dead end when it entered the street on which plaintiff was driving, there was no indication until just before the collision as to which way the driver of the truck intended to turn.</p> <p>S. As the plaintiff stopped before reaching the intersection,- it cannot be declared as matter of law that he was negligent in not sounding his horn, especially in view of his testimony that when the danger appeared he considered it hi? first dhty to stop his car and he had not time to do both,</p>