Fairman v. Dorney

Citations

• 73 Pa. Super. 238
• 1919 Pa. Super. LEXIS 217

Syllabus

<p>Negligence — Automobiles—Child—Crossing accident — Contributory negligence of mother — Case for jury.</p> <p>One who is hurt while endeavoring to save her child from probable injury, due to defendant’s negligence, is not guilty of contributory negligence, unless the risk which she undertakes would appear so hazardous as would be condemned by the judgment of a prudent person.</p> <p>In an action to recover damages for personal injuries the case is for the jury and a verdict for the plaintiff will be sustained where it appeared that the plaintiff was struck by an automobile of the defendant, while crossing a street at the regular crossing, and that the plaintiff was injured while making an effort to save her child.</p> <p>Where the plaintiff and her child were in the exercise of their perfect right in crossing the street at the proper place, and the child was as nearly under the control of the plaintiff as could be reasonably expected, under the circumstances, the court cannot say as matter of law that the mother was guilty of contributory negligence in making an effort to rescue her child from sudden peril.</p>