Schoepp v. Gerety

Citations

• 263 Pa. 538
• 107 A. 317
• 1919 Pa. LEXIS 469

Syllabus

<p>Negligence — Automobiles—Pedestrian—Grossing—Case for jury.</p> <p>1. In an action by a pedestrian struck and injured by defendant’s motor truck at a crossing, the case is for the jury, where the evidence for plaintiff tends to show that defendant’s driver approached a point where the street on which he was driving intercepted but did not cross another street, so that he had to turn one way or the other at the intersection; that the street was slippery at the time of the accident; that plaintiff stopped and looked and then attempted to cross the street on which the truck was approaching, but before reaching the opposite side was struck by the machine; that as the driver applied the brakes, the car skidded and swung around, striking plaintiff with such force as to throw him into the air; and that the truck turned around completely three or four times before finally coming to a stop against the curb.</p> <p>2. In such a case the action of the car upon the application of the brakes, and the position in which it was at the time it finally stopped, might warrant the inference that it was traveling at a much higher speed than that claimed by the driver, or that, regardless of the question of actual speed, he failed to have it under such control as the condition of the street and the position of plaintiff required.</p>