Kelly v. Werner Co.

Citations

• 69 Pa. Super. 342
• 1918 Pa. Super. LEXIS 83

Syllabus

<p>Negligence — Automobiles—Pedestrian — Unlighted towing rope ■ — Case for jury.</p> <p>In an action to recover damages for the death of a pedestrian run down hy a motor truck at a crossing, the case is for the jury and a judgment on a verdict for plaintiff will be sustained, where the evidence tends to show that the accident occurred after it was dark on a busy street; that plaintiff while on the curb noticed defendant’s motor truck approaching at a slow rate of speed; that after the truck passed seeing another approaching at slow speed, he proceeded to pass between them, and when half way across was tripped by a sagging towing rope which was stretched between the two trucks at a distance of from twenty-five to thirty feet; that he was caught by the rope and run down 'by the second truck which was operated by defendant’s employees; that there were two men on each truck and notice was given by horn signals and front lights on the trucks; that there was no light on the rope; that the rope and brick pavement were both of a yellowish color which was in the-uncertain light made the rope inconspicuous; and that there was no municipal regulation relating to the manner of towing automobiles.</p> <p>An.act which is not in itself unlawful may become such when damage has accrued thereby to the person, or property of another. If a party does a wrongful act, or a rightful one in a negligent wrongful manner, whereby injury happens to another, such act being the proximate cause, may make the party committing it liable for tbe injury. One who inflicts an injury by reason of negligence is liable, although the act was lawful.</p>