Kurtz v. Tourison

Citations

• 241 Pa. 425
• 88 A. 656
• 1913 Pa. LEXIS 801

Syllabus

<p>Negligence — Contributory negligence — Automobiles—Pedestrian —Case for jury — Ownership of car — Evidence.</p> <p>1. In an action of trespass to recover damages for personal injuries, where there was evidence that plaintiff, intending to cross a street, waited for a wagon to pass, and after looking in both directions without seeeing any danger, started across, when she was struck by an automobile moving at an excessive speed without sounding any warning, the question whether plaintiff was guilty of contributory negligence was for the jury and a verdict and judgment for plaintiff will be sustained.</p> <p>2. Although there was no direct evidence in such case as to who owned the car and employed the chauffeur, the jury could infer that the car was owned and the chauffeur employed by defendant from the purchase of the car with defendant’s money, from its frequent use by defendant and members of his family, and from the fact that he had given the chauffeur instructions in reference thereto.</p>