162 A. 177 | Pa. | 1932
Argued May 10, 1932. At 10 p. m., September 28, 1929, the plaintiff was driving a Ford sedan on a public highway in Crawford County in a northerly direction. At a certain point on this highway, he saw approaching him from the opposite direction the lights of another motor vehicle. Plaintiff continued driving on his right side of the highway, and when the oncoming motor vehicle was about to pass him, he observed that it had a wide truck body projecting over the fenders on its left side. He also observed that the left side of the truck was projecting beyond the center of the highway. Plaintiff turned his car to the right, but the rear of the motor truck swerved and struck the left side of the plaintiff's sedan. Plaintiff averred that defendant was driving on the wrong side of the highway, that he was traveling at a high, dangerous and unlawful rate of speed, that he did not have his truck under proper control, that the truck had an oversized body, and that defendant did not have proper clearance lights on the truck, thereby violating article VIII, section 801, paragraph E, of the Pennsylvania Motor Code of 1929. Plaintiff also averred that defendant's truck had part of its body extending beyond the fenders on the left, in violation of article IX, section 902, paragraph E, of the Pennsylvania Motor Code of 1929. It was testified that the body of the truck projected beyond the fenders approximately one foot. Actual measurements revealed that the truck fenders measured 68 inches from outside edges, while the body was 94 inches in width. The truck was lighted only by two head lights. The left front corner of the truck's body struck the left side of plaintiff's automobile, damaging the latter and *304 crushing plaintiff's left elbow to such an extent that an immediate amputation of his left arm above the elbow was necessary. After trial the jury returned a verdict in favor of the plaintiff in the sum of seventy-nine hundred dollars. Defendant made a motion for a new trial and for judgment n. o. v. These rules were discharged and judgment was directed to be entered on the verdict. Appeal was then taken to this court.
It is the contention of the appellant that the appellee was guilty of contributory negligence in that he drove his car when he was temporarily blinded by the lights of the approaching truck. The appellee's testimony as to the "blinding" was that the head lights on the truck "reflected" in his eyes when the two cars were about one hundred feet apart, and when he was asked if he then slackened his speed, he said, "No." He continued at the rate of about thirty to thirty-five miles an hour. The appellee did not use the word "blinded" in his testimony, although appellee's counsel in cross-examining him assumed a fact not in evidence by incorporating the word "blinding" in his question, as follows: "When you had this experience you are telling us now of the lights shining into your eyes and blinding you, how far away from the truck were you? Ans. I was approaching the truck at that time." The appellant cites the case of Robinson v. Logan Township,
Plaintiff presented a case which did not show that he failed to exercise due care. The collision between the two vehicles was not contributed by any act of negligence on his part. He remained at all times where he had a lawful right to be. The injury was caused by the projecting body of the defendant's motor truck. The plaintiff cannot be charged with contributory negligence because he was unable to observe in sufficient time to avoid the collision the fact that the body of defendant's *306
car was projecting over on plaintiff's own proper side of the road. So long as a driver keeps his car on its own side of the road, he need not keep his eyes riveted on the highway in front of him: Shellenberger v. Reading Transportation Co.,
The questions of defendant's negligence and plaintiff's contributory negligence were properly submitted to the jury.
The judgment is affirmed.