Dugan v. Lyon

Citations

• 41 Pa. Super. 52
• 1909 Pa. Super. LEXIS 11

Syllabus

<p>Negligence — Automobiles—Duty of pedestrians — “Stop, look and listen.”</p> <p>1. The rule that a person must stop, look and listen before crossing the tracks of a railroad, does not apply to a pedestrian who is about to cross a street upon which automobiles are operated. Such machines have no prescribed course or direction or time of appearing, and are not to be distinguished from other conveyances in respect to the rights of persons lawfully using the streets. The measure of the duty of a pedestrian under such circumstances is ordinary and reasonable care.</p> <p>2. Where there is doubt as to the inference to be drawn from the facts and the measure of duty is reasonable care, and the degree of that care varies with the circumstances, the question of negligence is for the jury.</p> <p>3. In an action by a motorman against the owner of an automobile to recover damages for personal injuries, the question of defendant's negligence and the plaintiff’s contributory negligence is for the jury, where the evidence tends to show that the plaintiff alighted from his car, and while it was not in motion looked up and down the street, then passed behind the car to cross to the other side of the street and was immediately struck on the leg by defendant’s automobile which was being driven at a high rate of speed within a few inches of the side of the car, and in a narrow space between the car and the curb.</p>