Wetherill v. Showell, Fryer & Co.

Citations

• 264 Pa. 449
• 107 A. 808
• 1919 Pa. LEXIS 676

Syllabus

<p>Negligence — Automobiles — Boys sledding on streets — Speed— Signal — Sounds—Evidence.</p> <p>1. The statement by a witness “I did not hear any sound at all” is not evidence of a failure to give warning, unless it appears he would have heard it had it been sounded, or that he was then giving heed to the matter.</p> <p>2. In a negligence case the speed of the vehicle causing the injury is unimportant, if it was not the cause of the accident.</p> <p>3. A driver of a vehicle who has no knowledge that boys are in the habit of sledding on a public street is not negligent because he does not take precaution to prevent injury to one who might so use it.</p> <p>4. The distinction between Eastburn v. United States Express Co., 225 Pa. 33, where a recovery was not allowed, and Yeager v. Gately & Fitzgerald, Inc., 262 Pa. 466, where it was, rests in the fact that in the former case the driver of the automobile did not know boys were in the habit of sledding on the street, and in the latter did know and failed to take proper precautions to prevent injury to them.</p>