Simon v. Lit Bros.

Citations

• 264 Pa. 121
• 107 A. 635
• 1919 Pa. LEXIS 604

Syllabus

<p>Negligence — Automobiles—Bight angle collision — ■Speed—Contributory negligence.</p> <p>1. It is the duty of an automobile driver in approaching a street crossing to have his car under control and observe if vehicles are approaching on the intersecting street, and in case a car or truck is first at the crossing, that vehicle must be given an opportunity to cross the intersecting street, and due care used to avoid collision.</p> <p>2. The driver of a car is not required to anticipate and guard against the want of ordinary care on the part of another.</p> <p>3. Where the driver of an automobile approaches an intersecting street at a speed of eight or ten miles an hour, and gives warning, he is not bound to guard against collision with a car approaching on such street at a speed of from thirty to thirty-five miles an hour, without warning, which he does not notice until the front end of his ear is about five feet from the nearest railway track on the intersecting street.</p>