Vallo v. United States Express Co.

Citations

• 147 Pa. 404
• 23 A. 594
• 1892 Pa. LEXIS 866

Syllabus

<p>Negligence — Use of sidewalk — Question for jury.</p> <p>Occupants of places of business upon a public street have a right to use the sidewalk in front of their premises in receiving and sending out merchandise. But this right must be exercised with a due regard to the rights of pedestrians and in a reasonable manner; and what is a reasonable manner must always depend upon the circumstances. No precise rule can therefore be laid down as to the length of time a person, in such use of a sidewalk, may allow his property to remain thereon without incurring the charge of negligence; the question is for the jury.</p> <p>Proximate cause — Sudden peril — Contributory negligence.</p> <p>When a person has been put in sudden peril by the negligent act of another, and, in an instinctive effort to escape from that peril, falls upon another peril, it is immaterial whether under different circumstances he might and ought to have seen and avoided the latter danger.</p> <p>Plaintiff, who was blind in one eye, was walking in the evening on a sidewalk of one of the principal thoroughfares of Philadelphia. In front of the defendant’s premises a small, dark green safe had been left on the sidewalk by the defendant for from two to five minutes. At the time the plaintiff came opposite the defendant’s premises, a trunk was suddenly pitched from a delivery wagon of the defendant standing in the street. To avoid being struck by the flying trunk plaintiff moved towards the centre of the sidewalk, keeping his eye upon the trunk while it was coming, and in so doing fell over the safe, and sustained injuries. An electric light was burning about forty-two feet to the east of the point where the accident occurred. Held, that the question of the plaintiff’s right to recover was for the jury.</p> <p>In such a case if the plaintiff was so suddenly put in peril as to leave no time for consideration of the way of escape, and, under the circumstances, it was natural and probable that he would instinc