Edwards v. Mott

Citations

• 77 Pa. Super. 140
• 1921 Pa. Super. LEXIS 225

Syllabus

<p>Negligence — Automobiles — Running over pedestrian at street crossing — Case for jury.</p> <p>In an action of trespass, to recover damages for injuries sustained by the plaintiff being struck by the defendant’s automobile, while crossing at a street corner, the case is for the jury and a verdict for the plaintiff will be sustained, where the evidence established that the plaintiff was crossing the street over a regular crossing at about 10: 30 in the evening, when a light rain and snow was falling, and that at about the middle of the crossing she was struck by defendant’s automobile. Whether the driver exercised proper precautions in looking ahead of him, and whether his wind shield was in guch a condition that he could not distinguish objects in his pathway, was a question for the jury and a verdict for the plaintiff will be sustained.</p> <p>According to the evidence the chauffeur must have seen the plaintiff if he had looked, unless he was driving with the wind shield of his ear so covered with snow and ice that he could not see what was in front of him. Drivers of vehicles must be highly vigilant at all regular crossings, and maintain such control that, on the shortest possible notice, they can stop their ears so as to prevent danger to pedestrians.</p>