Cecola v. 44 Cigar Co.

Citations

• 253 Pa. 623
• 98 A. 775
• 1916 Pa. LEXIS 901

Syllabus

<p>Negligence — Automobiles — Pedestrian — Workman in street— Collision — Case for fury.</p> <p>1. The fact that a person. injured in a collision with an automobile was not an ordinary pedestrian with no other care than for his own safety but was a workman engaged in his work on the street should be taken into consideration in measuring his alleged negligence.</p> <p>2. In an action by a workman engaged upon a city street to recover damages for injuries sustained in consequence of being struck by defendant’s automobile, the questions of defendant’s negligence and plaintiff’s contributory negligence are for the jury and a verdict for the plaintiff will be sustained where it appears that plaintiff had stooped down to pick up a Belgian block, that he looked just before he stooped and saw nothing coming, that he was struck immediately after picking up the block, there being evidence that the driver of the car gave no warning of its approach.</p>