McMahen v. White

Citations

• 30 Pa. Super. 169
• 1906 Pa. Super. LEXIS 40

Syllabus

<p>Practice, C. P. — •Trial—Charge—Negligence—Inadequate charge.</p> <p>Where a duty is to exercise ordinary and reasonable care, or as otherwise expressed, the care of an ordinarily prudent man, and this varies with the circumstances, it is the province of the court to instruct the jury that the omission to exercise such care is negligence, and the province of the jury to determine whether the conduct of the party established by the weight of the testimony involved the omission of such care.</p> <p>In an action to recover damages for the death of a horse caused by a collision with the defendant’s horse, where there is evidence that the latter was driven at a high rate of speed, and was suddenly and negligently pulled towards plaintiff’s side of the road, the failure of the trial judge to mention these matters specifically, does not render the charge inadequate where it appears that the questions involved were submitted to the jury with clear and concise instructions as to the rule of law by which the conduct of the parties was to be judged, and with sufficient reference to the disputed questions of fact to enable the jury to recall the testimony as a substantial whole, and to determine therefrom whether the injury resulted from the omission of either or both parties to exercise such care as reasonably prudent drivers would have exercised under the circumstances; and this is especially so where it appears that the defendant made no request for specific instructions as to any particular phase of the case.</p> <p>Negligence — Killing of horse — Negligence of driver — Permitting guest to drive.</p> <p>Where an owner of a vehicle accompanied by a guest, both being on a pleasure trip, permits the guest to drive at the latter’s request, and is in a position to take control of the reins at any moment, the owner will be liable for an injury caused by a negligent act of the guest in driving the vehicle.</p>