Cody v. Venzie

Citations

• 263 Pa. 541
• 107 A. 383
• 1919 Pa. LEXIS 470

Syllabus

<p>Negligence — Carriage of passenger — Degree of care — Charge of court — Case for jury.</p> <p>1. In PennsylvaAia degrees of negligence have long been recognized.</p> <p>2. The measure of liability of-one who undertakes to carry gratis is the same as one who undertakes to keep gratis.</p> <p>3. On a gratuitous carriage for the sole benefit of the guest, the law requires only slight diligence and makes the carrier responsible only for gross neglect; if for the benefit of the carrier it requires great diligence and makes the carrier responsible for slight neglect; and if for the benefit or pleasure of both parties, it requires ordinary diligence and makes the carrier responsible for ordinary neglect.</p> <p>4. Where men may honestly differ on the question as to whether or not an act is negligent, the matter is ordinarily one for a jury to determine.</p> <p>5. Semble, it is wise to charge a jury on questions of negligence by stating to them what were the rights and. duties of the parties, ■without the use of tbe words “gross,” “ordinary” or “slight,” at the same time explaining to them why the law is so.</p>