Everitt v. Auchu

Citations

• 66 Pa. Super. 443
• 1917 Pa. Super. LEXIS 286

Syllabus

<p>Automobiles — Regulation of speed — Act of July 7, 1918, P. L. 672.</p> <p>A person who drives an automobile at the rate of fifty miles an ■hour on a public highway of the State violates the Act of July 7, 1913, P. L. 672.</p> <p>Negligence — Automobiles—Speed—Case for jury.</p> <p>In an automobile accident case where the evidence offered for the plaintiff tends to show that the defendant’s automobile was run at an immoderate and excessive speed, and that the accident Was due wholly to the carelessness of the defendant, and this evidence is directly contradicted by the defendant’s witnesses, the case is for the jury, and if a verdict is rendered for the plaintiff and the court below refuses to grant a new trial, the appellate court will not reverse a judgment on the verdict for plaintiff.</p> <p>Where a team is driven into a highway from a lane and is struck by an automobile the court cannot declare as a matter of law that it was negligence on the part of a driver of the team to drive into the highway from the lane, when at the time his horses were at the side of the road, the automobile was two hundred and fifty feet away.</p> <p>One who uses an automobile on a public highway has no superior right to the use of the road over a pedestrian, or one who uses a vehicle drawn by a horse or other animal, and the fact that the highway is much traveled does not 'alter the rights of the travelers, but merely calls for the exercise of greater care in proportion to increased risk.</p> <p>Practice, 0. P. — Improper remarles of counsel — Withdrawal of juror. '</p> <p>The appellate court will not reverse a judgment on a verdict because of the refusal of the trial judge to withdraw a juror on account óf improper remarks of counsel, where it does not appear that any request was made to have the stenographer take down the objectionable remarks immediately after they were made, and there was no refusal of the court to permit them to be put on the record as the court understood the