Marshall v. Roberts

Citations

• 78 Pa. Super. 365
• 1922 Pa. Super. LEXIS 118

Syllabus

<p>Negligence — Automobiles—Driving on left• side — Accident on right side — Turning to left — Sudden peril — Question for jury.</p> <p>Evidence that the plaintiff’s automobile was being driven up hill at a moderate rate of speed, on the right side of the road, when it met defendant’s car coming down, on the same side, at a very rapid rate, and that they collided because both turned in the same direction to avoid an accident, is sufficient to require submission of the case to the jury, and is sufficient to justify a verdict for the plaintiff.</p> <p>It is for the jury to decide what a witness intended to say. The trial court properly left the question of negligence to the jury, where the plaintiff, by a slip of the tongue, said that the defendant was on the right side of the road, and elsewhere in her testimony repeatedly said he was on the left side.</p> <p>The fact that two machines were on the defendant’s right-hand side of the road when a collision occurred is not sufficient to compel an inference of negligence against the plaintiff.</p> <p>The court was not bound to hold the plaintiff’s chauffeur negligent in veering to the left side of the road, when he had been driving on the extreme right edge, and was in immediate peril from the approaching car of the defendant, which was on the same, and, for it, the wrong, side of the road.</p>