Everett v. Sturges

Citations

• 46 Pa. Super. 612
• 1911 Pa. Super. LEXIS 322

Syllabus

<p>Negligence — Evidence—Contributory negligence.</p> <p>1. In an accident case it is not necessary for the plaintiff to show by affirmative evidence that he was free from contributory negligence. All he is required to do is to present a case which, on its face, does not show contributory negligence.</p> <p>Negligence — Automobile—Killing horse — Contributory negligence— Case for jury.</p> <p>2. In an action against an owner of an automobile for the killing of a horse, it appeared that at the time of the accident plaintiff was driving a buggy in a city street leading the horse that was killed behind a buggy. He found himself in the rear of two coal wagons which were keeping to the right, so that he was compelled to turn to the left. After passing one wagon and being still opposite to the second, he saw an automobile approaching at a rapid rate, with one wheel in the car track. Finding that he had not room between the automobile and the coal wagon, he turned further to the left until he came within two feet of the curb. The automobile passed the buggy, then inclined to the right and struck the horse. Held, that the case was for the jury, and that a verdict and judgment for plaintiff should be sustained.</p> <p>Practice, C. P. — Trial—Points—Buie of court.</p> <p>3. Where a rule of court required that “a copy of the points shall be presented to the court and a like copy to the opposing counsel before the close of the argument to the jury,” a point presented by the defendant during the final argument of the plaintiff, is presented too late, and the refusal of the trial judge to answer is not reversible error.</p>