McCaffrey v. Lukens

Citations

• 67 Pa. Super. 231
• 1917 Pa. Super. LEXIS 377

Syllabus

<p>Negligence — Automobiles — Right-angled collision ■ — • Contributory negligence — Case for jury.</p> <p>In an action to recover damages for personal injuries suffered in a right-angled collision between two automobiles, the plaintiff cannot be convicted of contributory negligence as a matter of law by evidence that he was riding in a crowded automobile operated as o jitney, and that at the time of the accident one of his legs was hanging over the rear door of the car, but inside the lines of the footboard.</p> <p>In such a case a verdict for the plaintiff will be sustained where the evidence tends to show that the car of the defendant was operated by his daughter who was under sixteen years of age, that it approached the intersection of a busy street without giving warning, at a rate of speed which rendered it at least doubtful whether the operator could stop the car in case another vehicle entered upon the crossing, that the car of the defendant was turned into the busy cross street upon the left hand side thereof right in opposition to the line of traffic upon the street, and that when danger threatened, instead of the car being stopped, it was first turned in one direction, then, in another, and finally in a third direction, and that it struck the car in which the plaintiff was riding upon the side.</p> <p>Hegligence — Automobiles — Principal a/nd agent — Parent and child' — Case for jury.</p> <p>In an action to recover damages for personal injuries sustained in a (collision with defendant’s automobile, where the plaintiff shows that the driver, a minor child of the defendant, was driving the car which was. maintained by the owner for the use of his family, to procure a fixture for his residence, under an order of the owner’s wife, who was authorized by the owner to procure it, the ease is for the jury to find whether the car was being driven by the authority of the owner, notwithstanding he may have given order that his daughter should not drive the car unles