Malloy v. Steiner

Citations

• 73 Pa. Super. 450
• 1920 Pa. Super. LEXIS 36

Syllabus

<p>Negligence — Automobiles—Contributory negligence — Question for jury.</p> <p>In an action to recover damages for the injuries sustained to a child nine years old, who was struck by the automobile of the defendant, the case is for the jury and a verdict for the plaintiff will he sustained where the evidence, if believed, would establish the fact that the plaintiff was struck while crossing a street at a street corner; that the street was narrowed by a pile of building material to half or less of its usual width, thus limiting the view; that the driver of the automobile, coming eastwardly on the south half of the street, turned out and passed a truck near the crossing, and when going at a speed of about 15 miles an.hour struck the plaintiffat the crossing. On such a state of facts the question of the care on the part of the plaintiff and of the defendant’s servant were questions for the jury.</p> <p>It cannot be declared, as matter of law, tbat 15 miles an bour at a street crossing in a city where tbe view of pedestrians and of tbe driver of a ear is sbut out by obstacles in a street, is a reasonable speed. . It is tbe duty of a driver of a ear to approach the street crossing with care, and to control bis ear with reference to tbe safety of persons who may attempt to cross.</p>