Boggs v. Jewell Tea Co.

Citations

• 263 Pa. 413
• 106 A. 781
• 1919 Pa. LEXIS 443

Syllabus

<p>Negligence — Wagon—Automobile—Pedestrian— Sudden emer* gency — Contributory negligence — Case for jury — Nonsuit.</p> <p>In an action to recover damages, for the death of plaintiff’s husband, from the owner of a wagon, the evidence tended to show that the wagón was being driven south at a walk on a narrow street towards a crossing with a wide avenue. At the time, an ambulance was approaching the crossing on the avenue from the east at a speed of eighteen to twenty miles an hour. Its gong had been steadily rung for at least half a square. It was actually entering on the street, in plain sight of the driver of the wagon, when the latter whipped up his horse, causing it to lunge forward into the avenue, directly in the path of the ambulance. The driver then suddenly pulled around to the west towards the deceased who was crossing south on the street on its west side. The latter jumped out of the path of the horse immediately in front of the ambulance which had swerved to the southward to avoid the wagon. The ambulance going about fifteen miles an hour, struck the deceased, who was at the moment about two-thirds of the way over the avenue, and some twenty feet west of the street crossing. Held, (1) that it was for the jury to decide whether the driver of the wagon or the driver of the ambulance had the right to the crossing; and also whether it was negligence for the driver under the circumstances to endeavor to cross ahead of the ambulance, instead of stopping to let it pass; (2) that the following issues should have been submitted (a) whether the driver whipped his horse in an attempt more effectively to control it, or in an effort to pass in front of the ambulance; (b) if the latter, then whether his act was negligence and constituted the proximate cause of the accident and (c) the alleged contributory negligence of the deceased.</p>