Washington v. Gulf Refining Co.

Citations

• 257 Pa. 157
• 101 A. 317
• 1917 Pa. LEXIS 699

Syllabus

<p>Negligence — Automobiles — Side-swipe collision — Passenger seated on floor with legs hanging over side — Contributory negligence — Case for jury.</p> <p>In an action to recover damages for personal injuries sustained in a collision between two automobile trucks going in opposite directions, the case is for the jury and a verdict for the plaintiff will be sustained where it appeared that plaintiff at the time of the collision was seated'on the floor of the car in which he was riding, with his legs hanging over the side, for the purpose of keeping a better lookout for the exact location óf a fire to which he was going, and the evidence was conflicting as to whether at the time of the collision his car had come to a standstill on the right side of the road and was struck by the defendant’s ear coming from the opposite direction, or whether the driver of the car in which he was riding had turned suddenly to the left before the two cars had cleared each other in passing.</p>