Warruna v. Dick

Citations

• 261 Pa. 602
• 104 A. 749
• 1918 Pa. LEXIS 797

Syllabus

<p>Negligence — Automobiles ■ — ■Pedestrian standing in road — Collision — Examination of witness — Speed—Warning — Conclusion from facts — Failure to answer point — Charge—Sufficiency—Disinterested witness — Comment by court.</p> <p>1. Failure to answer a point does not constitute error if its subject-matter is elsewhere passed upon in the charge.</p> <p>2. While a pedestrian may lawfully use any part of a highway he must do so with regard to the rights of other lawful occupants thereof and to the customs of the road.</p> <p>3. Standing in a public highway at a point usually traveled only by vehicles is not a proper use thereof, and if one so standing is struck by a vehicle properly using the highway, as a rule he cannot recover from the driver thereof, who had no reason to anticipate his being, there.</p> <p>4. A trial judge may properly advise the jury as to the effect to be given to the testimony of the important, disinterested witnesses in the case.</p> <p>5. Ordinarily it is for the jury alone to draw conclusions from the facts stated to or known by the witnesses.</p>