Mooney v. Kinder

Citations

• 271 Pa. 485
• 115 A. 826
• 1922 Pa. LEXIS 741

Syllabus

<p>Appeals — Assignments of error — Charge — Points — Failure tó have charge and points made part of récord. ■</p> <p>1. Assignments of error specifying error in tbe charge and answers to points, cannot be considered, where, no request was made in the court below to have the charge and~points made part of the record.</p> <p>Appeals — Assignments of error — Judgment n. o. v. — Act of April %%, 1905, P. L. m.</p> <p>2. An*assignment of error based upon the refusal to enter judgment for defendant on the whole record, will be considered by the appellate court, although the appellant' made no request in the court below to have the charge and points made part of the record, if it appears that the appellant presented -a request for binding instructions as provided by the Act of April 22, 1905, P. L. 286.</p> <p>Negligence — Automobiles — Pedestrian at crossing — Contributory negligence — Case for jury — Evidence.'</p> <p>3. Vehicles have the right of way on the portion of the highway set aside for them, but, at crossings, all drivers, particularly of motor vehicles, must be highly vigilant and maintain such control that, on the shortest possible notice, they can stop their car so as to prevent danger to pedestrians. If an accident cannot be avoided without stopping, a driver must stop his ear.</p> <p>4. Where a pedestrian about to cross a street looks and sees no vehicle approaching, and after completing the crossing, and when about to step from the cartway on to the sidewalk, is struck by an automobile, she cannot be charged with contributory negligence as a matter of law, in failing to keep her attention fixed on the street which she was crossing, when she had to be observant not only of the traffic on that street, but also such as-was turning into it from other directions.</p> <p>5. In such case, a verdict against defendant will be sustained, where-the evidence tends to show that he gave no warning of his approach, and that, if he had had his car .under proper control,