Nicodemus v. McMullin

Citations

• 185 Pa. 531
• 39 A. 1117
• 1898 Pa. LEXIS 747

Syllabus

<p>Negligence — Bicycle—Collision with wagon— Contributory negligence.</p> <p>In an action against the owner of a team to recover damages for the death of a bicycler, it appeared that as the bicycler approached a crossing on the south side of a street, defendant’s team was approaching on the cross street from the north. The driver pulled up his team but almost immediately started ahead on a trot to cross the street in front of a ear which was approaching the crossing from the east. When the bicycler saw the team checked, he started ahead, and while diagonally crossing in front of the team, he was hit by the pole of the wagon. There was evidence that the bicycler was a somewhat inexperienced rider. The crossing where the accident occurred was intersected by two electric railways, and there was considerable wagon traffic at the point. The accident occurred at ten o’clock in the morning. Held, that nonsuit was properly entered.</p>