Oelrich v. Kent

Citations

• 259 Pa. 407
• 103 A. 109
• 1918 Pa. LEXIS 425

Syllabus

<p>Negligence — Automobiles—Standing trolley car — Alighting passenger passing around front of car — Collision with automobile between opposite bound tracks — Speed—Failure to blow horn — Cutting in front of street car — Contributory negligence — Case for jury.</p> <p>1. No one can complain of want of care in another where care is rendered necessary only by his own wrongful act.</p> <p>2. In an action against the owner of an automobile to recover for personal injuries the question of defendant’s negligence and the contributory negligence of the plaintiff were for the jury and a verdict and judgment for the plaintiff will he sustained, where it appeared that plaintiff, after alighting from the front of a street car, which had stopped at a crossing, passed around in front of the car and had taken about two steps beyond it when he was struck in the space between the east and west bound tracks by defendant’s automobile heading in the same direction as the car; that the automobile approached at a greater than usual rate of speed at that place without sounding its horn and just before striking plaintiff changed its course, running in close to the front end of the car in an effort to pass in front of it.</p>