McMonagle v. Simpers

Citations

• 267 Pa. 117
• 110 A. 83
• 1920 Pa. LEXIS 820

Syllabus

<p>Negligence — Automobiles — Infant — • Running down child on street — Duty of driver — Speed—Evidence.</p> <p>1. In an action against the owner of an automobile to recover damages for injuries to a little girl, nine years old, the case is for the jury, and a judgment on verdict for plaintiff will be sustained where the evidence for plaintiff, although in material essentials contradicted by that of defendant, tends to show that the child, about two o’clock p. m., was walking along the north side of an east and west street approaching a north and south street, the latter twenty-six feet wide, from curb to curb, with a trolley track in the centre; when she reached the northeast comer of these streets, she looked north and south before starting over; she saw a northbound trolley car, at the next street to the south, and waited on the sidewalk until it passed; that she then started over the street, walking, and not running, on a flagstone crossing, and when within two feet of the west curb, and about to step upon it, was struck by defendant’s car; she was found under one of its rear wheels; the chauffeur gave no signal of the approach of the car; from the west rail of the track to the west curb of the street there was a space of more than nine feet; and the chauffeur stated that he did not see the child until the' automobile struck her.</p> <p>2. That the child was found under the rear wheels of the car was some evidence that the ear was not running at a moderate speed.</p> <p>3. In such a case, even if the child did pass over the trolley track after the street car had passed the intersecting street, the chauffeur must have seen her, if, as was his duty, he had been looking, as he approached the crossing, to see whether pedestrians were upon it; for his car did not strike the child until she had walked over the entire space between the trolley track and the curb.</p> <p>Negligence — Verdict—Excessive verdict — Abuse of discretion— Appeal.</p> <p>4. The refusal of the c