Rockett v. Philadelphia

Citations

• 256 Pa. 347
• 100 A. 826
• 1917 Pa. LEXIS 614

Syllabus

<p>N egligence — Municipalities—Highivays—Paries—Statutes — Repeal — Local law — Uniform system — Philadelphia Act of April U¡., 1868, P. L. 1083, Sec. 21 — Act of April 27, 1909, P. L. 265 — Obstructions in highways — Automobiles—Speed—Oontributory negligence — Gase for jury.</p> <p>1. The Act of April 14, 1868, P. L. 1083, See. 21, prohibiting any person from driving or riding in Fairmount Park in the City of Philadelphia at a rate exceeding 7 miles an hour, is superseded by the Act of April 27, 1909, P. L. 265, controlling and regulating the registration, licensing and speed of motor vehicles in municipalities, in so far as the Act of 1868 limits the speed of motor vehicles in said park.</p> <p>2. Where the commissioners of said park had not exercised the authority conferred upon them by the Act of 1909 to fix a rate of speed for motor vehicles operating in the park, it was not contributory negligence, as a matter of law, to operate a motor vehicle therein at a speed of between 18 and 20 miles an hour.</p> <p>3. Where, in an action to recover damages for the death of plaintiff's wife, alleged to have been caused by the negligence of the authorities of the City of Philadelphia, in permitting a fallen tree to obstruct a road in Eairmount Park, it appeared that the tree had fallen about 4:30 in the afternoon, aiid had been seen by defendant’s policemen, that deceased was being driven by friends through the park in the evening at a speed of from 18 to 20 miles an hour; that the car wherein deceased was riding struck the tree, throwing deceased to the ground, whereby injuries were caused which resulted in her death, the case was for the jury, and it was error to enter judgment for defendant n. o. v.</p> <p>4. The fact that the commissioners of Fairmount Park had, prior to the Act of 1909, adopted a rule regulating the operation of automobiles in the park was not material, where it appeared that the road on which deceased was injured was not one of the roads to which t