Lancaster v. Reese

Citations

• 260 Pa. 390
• 103 A. 891
• 1918 Pa. LEXIS 529

Syllabus

<p>Negligence — Automobiles—Head-on collision — Death of passenger — Absence of lights — Failure to blow horn — Speed—Conflicting evidence — Contributory negligence of passenger — Case for jury.</p> <p>1. In an action to recover for the death of plaintiff’s husband occasioned by a head-on collision between two automobiles, in one of which he was seated, the case was for the jury and a verdict for the plaintiff will be sustained where it appears that deceased was a salesman whose duty it was to dispose of the cargo of the car in which he was riding; and that it was the duty of the driver thereof to' carry the goods to the customers and help to unload them, and that the deceased had nothing to do with the actual driving of the automobile; that the collision occurred early on a dark, rainy and foggy morning; that three lights were burning on the truck in which deceased rode and the driver thereof sounded a warning of his approach; that the lights on the defendant’s truck were not burning and its horn was not blown; and there was conflicting evidence as to the negligence of the chauffeur of the truck in which deceased was riding, and as to the speed of the two cars.</p> <p>2. In such case defendant’s rights were sufficiently protected by instructions to the jury to the effect that if deceased could have done anything that a reasonably prudent man would have done under the circumstances in order to avoid the accident and did not do so, he was guilty of contributory negligence and his widow could not recover.</p> <p>Practice, Supreme Court — Assignments of error — Insufficient assignments — Rule 28 — Excessive verdict — -Reduction by lower court —Appeals.</p> <p>3. An assignment of error relating to the admission of testimony is in disregard of Rule 28 of the Supreme Court and will be dismissed where it fails to set forth the testimony complained of.</p> <p>4. Where at the conclusion of the charge, counsel for defendant stated to the court that he took but one exception t