Maynard v. Barrett

Citations

• 261 Pa. 378
• 104 A. 612
• 1918 Pa. LEXIS 751

Syllabus

<p>Negligence — Automobiles—Trucks—-Pedestrians — Street intersection — Failure to sound horn — Driving close to curb — Pedestrian stepping upon curb — Obstruction to view — Conflicting evidence— Contributory negligence — Case for jury.</p> <p>In an action by a pedestrian to recover for personal injuries sustained by reason of being struck by defendant’s motor truck, the case is for the jury and a verdict for the plaintiff will be sustained where plaintiff’s evidence was that he was walking eastwardly along the south sidewalk towards an intersecting street which he intended to cross, that just before stepping into the street he looked in both directions and saw no vehicles approaching, although he saw a limousine standing on the west side of the street he was crossing, beyond the northwest corner of the intersection, that he then stepped into the street and was instantly struck by the front of defendant’s truck, which was southbound, and had approached without warning, under improper control, and dangerously close to the curb; although defendant’s evidence was that plaintiff while on the sidewalk, and close to the curbstone, was struck on the shoulder by the upper part of the truck while he was proceeding in the same direction as the truck, and that the aecid.ent occurred not at the intersection but 40 or 50 feet south thereof.</p>