Fricker v. Philadelphia Rapid Transit Co.

Citations

• 63 Pa. Super. 381
• 1916 Pa. Super. LEXIS 172

Syllabus

<p>Negligence — Automobiles—Contributory negligence — Case for jury.</p> <p>In an action against an owner of an automobile by a motorcyclist to recover damages for personal injuries, the question of defendant’s negligence and plaintiff’s contributory negligence is for the jury, where the evidence tends to show that plaintiff turned from a small street at a slow pace into a wide street, and keeping on the proper side of the latter street for a distance estimated from ten to twenty-five feet was struck on the leg by the front wheel and fender' of the automobile, that the plaintiff did not see the automobile before it struck him as his attention was fixed' on children playing near, and that the chauffeur was looking away from plaintiff “across tbe street” although it was not shown thát the automobile was run at an undue rate of speed.</p> <p>Even where an automobile is not run at á high speed, the chauffeur may be guilty of negligence through incompetency, inattention or mistake in judgment.</p>