Reisinger v. McConnell

Citations

• 265 Pa. 565
• 109 A. 280
• 1920 Pa. LEXIS 481

Syllabus

<p>Negligence — Automobiles—Collision— Contributory negligence —Case for jury — Proximate cause.</p> <p>1. In an action to recover damages for personal injuries resulting from a collision between two automobiles, the question of the negligence of the defendant, and the contributory negligence of the plaintiff is for the jury, where the evidence shows that the defendant’s machine in rounding a corner turned to the right and continued to curve in that direction, instead of straightening as it should have done, until it ran into the rear of plaintiff’s car which was standing in front of a garage out of the direct line of travel and injured plaintiff who was caught between the two cars as he was stooping down, assisting to place a tire on one of the wheels of his machine.</p> <p>2. In such a case it is immaterial that plaintiff had his back in the direction from which defendant’s ear approached, if it appears that he had been in this position for only half a minute before he was struck, and had been watchful to see whether vehicles were approaching in either direction. He was not bound to anticipate that a driver of a passing car would negligently collide with his machine.</p> <p>3. Nor was it material that his position in stooping at the rear of his ear might have caused his body to extend beyond the line of the car, as both plaintiff and his car were injured. His position, accordingly, was not the proximate cause of his injury.</p>