DeKyne v. Smith

Citations

• 42 Pa. Super. 11
• 1910 Pa. Super. LEXIS 284

Syllabus

<p>Negligence — Reckless driving of wagon — Allegata—Probata,</p> <p>1. When a person is crossing a public street at the usual place for crossing, and he is knocked down and injured by the reckless and rapid driving of a team attached to a wagon, and he alleges in his statement of claim that reckless and rapid driving ran the wagon over, into and upon him, he sustains the cause of action alleged by showing that without fault of his he was negligently and carelessly knocked down and injured by any part of the wagon, and it makes no difference whether the wagon was literally driven over him, or whether it skidded or slewed and its rear end struck him.</p> <p>2. In such a case where the plaintiff substantially proves the averments of his statement of claim, although such averments are flatly contradicted by the defendant’s witnesses, the case is for the jury.</p>