Virgilio v. Walker

Citations

• 254 Pa. 241
• 98 A. 815
• 1916 Pa. LEXIS 713

Syllabus

<p>Negligence — Automobiles—Pedestrian—Street cleaner — Collision between crossings — Nonsuit.</p> <p>1. In a negligence case a nonsuit can be entered only when it is inconceivable on any reasonable hypothesis that a mind desiring solely to reach a just and proper conclusion in accordance with the relevant governing principles of law, after viewing the evidence in the light most advantageous to the plaintiff, could determine in his favor the controlling issues involved.</p> <p>2. Vehicles have the right of way on the portion of the highway set aside for them, but at crossings, all drivers, particularly of motor vehicles, must be highly vigilant and maintain such control that on the shortest possible notice they can stop their cars so as to prevent danger to pedestrians. Between crossings drivers are not held to this same high standard of care, but nevertheless, they must be constantly on the lookout for the safety of others.</p> <p>3. Where a pedestrian deliberately selects the roadway of a city street for the purpose of walking longitudinally thereon, he must be most vigilant to look after his own safety.</p> <p>4. In an action against an automobile owner to recover damages for the death of plaintiff’s- husband, an inlet cleaner, a compulsory nonsuit was properly entered where it appeared that decedent was walking longitudinally along the street from one street intersection to another; that the street, was divided in the middle by a grass plot, the west bound traffic going on one side and the east bound on the other; that decedent was struck from behind by plaintiff’s automobile while it was going at a rate of from 12 to 15 miles per hour, and that, when the car gave a warning signal, he became confused and “zigzagged” into its path.</p>