Uhler v. Jones

Citations

• 78 Pa. Super. 313
• 1922 Pa. Super. LEXIS 106

Syllabus

<p>Negligence — Contributory negligence — Automobiles—Street intersections — Cars not approaching at same time — Motor Vehicle Act —Act of June SO, 1919, P. L. 678.</p> <p>The Motor Vehicle Act of June 30,1919, P. L. 678, provides that where two vehicles approach the intersection of two public highways at the same time, the vehicle approaching from the right shall have the right of way.</p> <p>One arriving at the intersection a substantial distance in advance of another ear is entitled to proceed.</p> <p>In an action for damages, arising from a right-angle automobile collision, between two automobiles at a road intersection, it appeared that the plaintiff approached the crossing with his car well under control. When his car had traveled half the intersection, the defendant’s car suddenly loomed up on his right only fifty feet away from the crossing and, traveling at high speed, collided with the plaintiff’s automobile before he could pass.</p> <p>Under such circumstances, the court could not rule that the two cars were approaching the crossing at the same time, within the meaning of section 25 of the Motor Vehicle Act, and the question of plaintiff’s contributory negligence was for the jury.</p> <p>Having entered upon the intersection without negligence on his part, the plaintiff cannot be convicted of contributory negligence, as a matter of law, because in a moment of sudden peril, caused by the defendant’s negligence, he did not calculate the distance yet to be traversed in connection with his own rate of travel and the speed of the approaching peril, and accurately balance that against his likelihood of escape by stopping in the middle of a narrow road in the path of the oncoming danger.</p> <p>Gosling v. Gross, 66 Pa. Superior Ct. 304, distinguished.</p>