Helfrich v. Gurnari

Citations

• 78 Pa. Super. 449
• 1922 Pa. Super. LEXIS 136

Syllabus

<p>’Automobiles — Bunaway ear — Striking pedestrian — Negligence— Case for jury.</p> <p>In an action to recover damages for personal injuries sustained by being hit by an automobile, tbe case is for tbe jury and tbe verdict for tbe plaintiff will be sustained, where it appeared that tbe defendant entered a saloon and came out three minutes later and found that bis car, without any one in it, bad run some distance and bad struck tbe plaintiff pinning her against a telephone pole, injuring her seriously. Under such circumstances, tbe jury could be permitted to draw tbe inference that tbe defendant did not leave tbe car in proper condition, and unless be produced evidence, which was believed by tbe jury, that explained tbe accident, tbe jury bad tbe right to conclude that be was negligent. Tbe reasonable possibilities arising out of the, facts detailed were to be ascertained by tbe jury.</p>