Lorah v. Rinehart

Citations

• 243 Pa. 231
• 89 A. 967
• 1914 Pa. LEXIS 605

Syllabus

<p>Negligence — Automobiles — Pedestrians — Contributory negligence — Care in crossing street — Death.</p> <p>1. In a crowded city street the dictates of common prudence require that a heavy vehicle, such as an automobile, shall be kept under control so as to avoid, or at least minimize, the dangers of a collision.</p> <p>2. It is not the duty of one crossing a public roadway to stop, but he must look and listen to ascertain if vehicles are coming, and must be on his guard after he starts on to the street, and must continue on the alert while crossing the entire roadway.</p> <p>3. In an action of trespass to recover damages for death caused by a collision with an automobile, it was proper to permit the jury to take into consideration the distance which the machine traveled before it came to a stop after the deceased was struck, in estimating the speed of the car.</p> <p>4. In an action of trespass to recover damages for the death of plaintiff’s husband killed in a congested street by an automobile driven by defendant’s chauffeur in the course of his employment, where plaintiff’s testimony tended to show that the' automobile was moving at from twelve to fifteen miles an hour; that deceased was struck by the front of the car near its center and that the car moved forty or fifty feet after the collision before it was stopped, while defendant’s testimony tended to show that the automobile was running slowly when deceased stepped from behind a wagon directly into the side of the mud guard on the car, the front of which did not strike him, the case was for the jury, and a verdict and judgment for plaintiff will be sustained.</p>