McLaughlin v. Pittsburgh Railways Co.

Citations

• 252 Pa. 32
• 97 A. 107
• 1916 Pa. LEXIS 564

Syllabus

<p>Negligence — Street railways — Automobile — Collision — Automobile towed by truch — Injury to occupant — Gratuitous guest— Contributory negligence — Case for jury.</p> <p>1. Where the occupant of an automobile touring car which has been disabled and is being towed by an auto truck, is injured as a result of a collision between a street car and the touring car while the latter is being drawn diagonally across the tracks of the defendant street railway company, the question of plaintiff’s contributory negligence in remaining in the car while being so drawn through the traffic of a public highway is for the jury.</p> <p>2. In such case where it appeared that the touring car in which plaintiff was riding had been hired by her family physician for the purpose of a hurried visit to plaintiff’s mother, who was seriously ill, and that at the time of the accident, which occurred on the return trip, the ear was occupied by the plaintiff, the physician and the physician’s daughter, the question of the extent of the control which any of the occupants of the car could or should have exercised over the driver of the auto truck is for the jury. If he was for the time being in their employ, and under their control, then they were chargeable with his negligence.</p>