Gillespie v. Shafer

Citations

• 69 Pa. Super. 389
• 1918 Pa. Super. LEXIS 403

Syllabus

<p>Negligence — Collision between motor car and motorcycle — Improper turning of corner- — Ordinance—Contributory negligence— Case for jury.</p> <p>It is the duty of one approaching the crossing of a street intersection to have his vehicle under control; and to observe what is, or may be approaching on the other street. And where another vehicle is first at the crossing to give it an opportunity to clear the same, and to use due care to avoid a collision.</p> <p>In an action to recover damages for personal injuries sustained in a collision between plaintiff’s motorcycle and defendant’s automobile at the intersection of two streets, the question of the defendant’s negligence and plaintiff’s contributory negligence is for the jury where the evidence tends to show that defendant was using the southerly side of a street; that the plaintiff was on the opposite side traveling westwardly at the rate of about fifteen miles per hour; that defendant at a street intersection made a quick turn to go north on a street, cutting across by the shortest angle of the turn at the intersection of the streets, crossing over two street car tracks, and directly across the path of the plaintiff, of whose approach he had an obstructed view for some distance.</p> <p>In such a case even if plaintiff had seen the defendant's automobile approach he was under no duty to anticipate that the defendant would carelessly, and without warning or notice cross his path directly in front of him. If the plaintiff was observing what was approaching on the intersecting street, it was impossible for him, when so engaged, to notice a vehicle suddenly swerve from its path of safety and cross diagonally in front of his machine.</p> <p>A person lawfully in the public highway may rely upon the exercise of reasonable care by the drivers of vehicles to avoid injury and the failure to anticipate the omission of such care, does not render him negligent.</p> <p>Where a person in driving an automobile cuts across by th