McDonald v. Pittsburgh

Citations

• 278 Pa. 485
• 123 A. 467
• 1924 Pa. LEXIS 432

Syllabus

<p>Trial — Binding instructions — Evidence—When facts and inferences from facts must be accepted as true — Practice, G. P.</p> <p>1. In determining whether or not binding instructions should have been given for one of the parties to a suit, all the facts and inferences therefrom, favorable to the other party, must be accepted as true, if depending on testimony only, and must be excluded from consideration if unfavorable.</p> <p>Negligence — Municipalities — Pedestrians — Place of danger in street — Presumption—Contributory negligence.</p> <p>2. While every person must exercise due care, when using the streets of a municipality, he is not bound to presume that other pedestrians will push him into a known place of danger.</p> <p>3. One who i» injured, through no fault of his own, while endeavoring to locate and avoid a known danger, cannot be held guilty of contributory negligence, as matter of law.</p>