Morris v. Schuylkill Railway Co.

Citations

• 78 Pa. Super. 332
• 1922 Pa. Super. LEXIS 109

Syllabus

<p>Negligence — Contributory negligence — Automobiles — Sudden emergency — Question for fury.</p> <p>In an action to recover damages, the result of a collision between an automobile and a trolley car, evidence was produced on the part of the plaintiff to establish that he was proceeding in an automobile along a borough street at the rate of six or seven miles an hour. As he approached an intersecting street a work car, which was standing on the street along which the plaintiff was traveling, was suddenly without warning backed on to a track leading from the- main tracks immediately in front of the automobile of the plaintiff. Under such circumstances, the case was for the jury, and a verdict for the plaintiff will be sustained.</p> <p>When the plaintiff exercised the care and caution that a reasonably prudent and cautious man would have done under the circumstances, and is suddenly placed in a position of danger by a negligent act of another, he is not responsible for an error of judgment committed in trying to extricate himself, whereby he incurred another danger without negligence of his own.</p>