Kennelly v. Waropoyak

Citations

• 266 Pa. 94
• 109 A. 608
• 1920 Pa. LEXIS 506

Syllabus

<p>Negligence — Automobiles — Pedestrians — Crossing street — Swerving of motor ca,r — Contributory negligence.</p> <p>1. When a pedestrian attempts to cross a street between established crossings, as vehicles are rapidly approaching, and injury results, he will be chargeable with such carelessness as will prevent a recovery of damages; but where, having observed the traffic and using due care, he deems it safe to attempt to cross, he is under no fixed duty to look back, though the circumstances may be such that in the exercise of due care it might become his duty to do so and be negligence to disregard it; but when he approaches a safe place, and, without any act on his part contributing to the cause, a driver suddenly changes the direction of his car striking the pedestrian, the latter cannot he held guilty of contributory negligence as a matter of law.</p> <p>2. When different parts of either the plaintiffs or the defendant’s testimony are apparently inconsistent, leaving it uncertain just what is the truthful recollection of the facts, it is the province of the jury to reconcile the conflicting statements if possible and to decide which shall prevail.</p>