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· 5/6/1918

Kerk v. Peters

Citations

  • 261 Pa. 279
  • 104 A. 549
  • 1918 Pa. LEXIS 730

Syllabus

<p>Negligence — Automobiles — Pedestrians — Contributory negligence — Collision—Death—Case for iury.</p> <p>Where in an action to recover damages for the death of plaintiff’s husband who was struck by defendant’s automobile while walking in the highway, it appeared that defendant blew his horn and could have stopped his machine before he struck deceased; that defendant undertook to pass on the right-hand side of the road where there was less room to pass than on the other side to the left of deVoased; and that deceased was standing in the road bewildered when defendant blew his horn, the questions of plaintiff’s negligence and defendant’s contributory negligence were for the jury, and a verdict and judgment thereon for plaintiff were sustained.</p>

Judges: Brown, Frazer, Moschzisker, Stewart, Walling

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