Webster v. Adams Express Co.

Citations

• 69 Pa. Super. 547
• 1918 Pa. Super. LEXIS 441

Syllabus

<p>Negligence — Automobiles—Collision between truck and automobile — Case for jury.</p> <p>In an action to recover damages for injuries to an automobile resulting from a collision -with the defendant’s truck, a verdict and judgment for plaintiff will be sustained where the evidence tends to show that the proximate cause of the accident was the varying and suddenly changing courses of the truck caused by the wavering or vacillating state of mind of the operator of the truck.</p> <p>In such a case the plaintiff cannot be convicted of contributory negligence per se because he testified that at the time of the accident he was running his automobile at the speed of between twenty to twenty-five miles an hour. It is for the jury and not the court to say that he was running in excess of twenty-four miles per hour, the limit fixed by Section 14 of the Act of July 7, 1913, P. L. 672.</p>