Joyce v. Smith

Citations

• 269 Pa. 439
• 112 A. 549
• 1921 Pa. LEXIS 582

Syllabus

<p>Negligence — Automobiles —■ Contributory negligence — Passing trolley car — Speed—Case for jury.</p> <p>1. Where plaintiff, while crossing a street in front of a trolley car from which he had just alighted, was struck by defendant’s automobile, the case is for the jury on the questions of defendant’s negligence and plaintiff’s contributory negligence, where the evidence is conflicting as to whether the automobile came to a stop with the car, or passed it at a high rate of speed.</p> <p>Practice, O. P. — Trial—Improper remarles of counsel — Suggestion as to amount in accident case — Withdrawal of juror.</p> <p>2. Where counsel for plaintiff in an accident case uses language to the jury that contains a suggestion that “thousands of dollars” are claimed for pain and suffering, a juror should be withdrawn, and the case continued.</p>