Presser v. Dougherty

Citations

• 239 Pa. 312
• 86 A. 854
• 1913 Pa. LEXIS 562

Syllabus

<p>Negligence — Automobiles—Unavoidable accident — Nonsuit.</p> <p>Where plaintiff sought to recover damages for personal injuries received in consequence of a collision between a bicycle which he was propelling and defendant’s automobile, the entry of a nonsuit was correct wheré there was no evidence to show that the accident was caused by any negligence of the defendant. The mere fact that plaintiff collided with the automobile does not raise any presumption of negligence, especially where the plaintiff was riding on the wrong side of the street and there was no evidence that the automobile was being operated at a dangerous rate of speed.</p>