Petrie v. E. A. Myers Co.

Citations

• 269 Pa. 134
• 112 A. 240
• 1920 Pa. LEXIS 781

Syllabus

<p>Negligence — Automobiles—Pedestrian on highway- — Contributory negligence — Case for jury.</p> <p>1. Where a pedestrian leading a cow by a rope, walks on the extreme right hand of the paved portion of a country road, with an area of muddy ground lying to the right of the traveled way, he may assume, as his rights are equal to those of the user of a motor vehicle, that he will not be struck from the rear, by any such vehicle.</p> <p>2. If the evidence in such case shows that the pedestrian’s failure to look behind, may have been due to his mistaking the horn of a truck which struck him from behind for one which was ahead of him, and it appears that both trucks were owned by the ¡same party, the question of the negligence of the owner of the trucks, and the pedestrian’s contributory negligence, is for the jury, in an action to recover damages for the latter’s death.</p>