Lamont v. Adams Express Co.

Citations

• 264 Pa. 17
• 107 A. 373
• 1919 Pa. LEXIS 579

Syllabus

<p>Negligence — City streets — Pedestrian—Grossing street diagonally — Approaching automobile — Duty to look behind.</p> <p>1. A pedestrian, using care according to the circumstances, may lawfully cross a city street at any point between as well as at public crossings, and may do so directly or indirectly.</p> <p>2. A pedestrian is not as a matter of law negligent in failing to look behind for approaching automobiles while crossing a street diagonally at a point which is not a crossing, especially where he has safely passed the car track in the middle of the street, and is facing in the direction that traffic might be looked for on the side of the street upon which he is traveling.</p> <p>3. A pedestrian is not as a matter of law negligent in crossing a city street where an approaching automobile is in plain sight, since the speed of the ear, the distance it is away, and the side of the street upon which it is approaching and all the circumstances must be taken into consideration.</p> <p>Negligence — Collision—Automobile truck — Pedestrian — Question for jury.</p> <p>4. The question of defendant’s negligence and plaintiff’s con- • tributary negligence is for the jury, in an action for damages for personal injuries sustained by a plaintiff by being struck by an electric truck while attempting to cross a city street diagonally, where plaintiff testifies that he looked in both directions for approaching vehicles, and seeing none he started across the street on a jog trot, and that on account of public garages further down the street in the same block, from which automobiles were liable to emerge and come down the street suddenly, he kept a constant look in that direction and did not look back in the direction in which defendant’s truck was proceeding, which had turned to the left side of the street, and without warning struck the plaintifi, and where the defendant’s driver testifies that he turned to the left side of the street to clear the car track for an approaching