Post v. Richardson

Citations

• 273 Pa. 56
• 116 A. 531
• 1922 Pa. LEXIS 514

Syllabus

<p>Negligence — Automobiles—Collision between car and sled — Sudden emergency — Buie of the road.</p> <p>1. Negligence cannot be imputed because of the failure to perform a duty so suddenly and unexpectedly arising that there is no opportunity to apprehend the situation and to act according to the emergency.</p> <p>2. A woman cannot recover for the death of her husband while coasting on a sled, on a steep slope, killed in collision with an automobile, where it appears that the automobile in ascending the slope, turned to the left side of the road, in order to pass persons drawing sleds up the hill immediately ahead, that the driver immediately afterward saw the decedent’s sled coasting towards him on the same side of the road about 175 feet away, that as the two vehicles approached each other, both turned at the same time in the same direction, the automobile to the right and the sled to the left, that the automobile held its course, while there was another shift in the course of the sled to the right, with the resulting collision.</p>