260 Pa. 280 | Pa. | 1918
Opinion by
Plaintiff was knocked down and injured by a motor truck belonging to and under the control of defendant company; he sued in trespass and recovered a verdict, upon which judgment was entered. Defendant has appealed, and its assignments of error all center around the refusal of the court below to enter judgment n. o. v.
In view of the verdict, it may be stated that the accident happened under the following circumstances: On a clear day, October 7,1916, about three o’clock, plaintiff came out of a store on the north side of Girard avenue and proceeded to cross that thoroughfare, walking south
The chauffeur admitted that he saw plaintiff crossing Girard avenue when the automobile was at least 269 feet distant from the point of the accident, and that he could have stopped at any time within ten or twelve feet; but apparently he made no serious attempt to do so before the collision occurred.
While the chauffeur and his assistant testified that they were going at the rate of nine miles an hour, yet, from the evidence as to the movements of both plaintiff and the automobile, it is manifest the latter must have traveled at a very much higher speed.
All the issues in the case, including the negligence of defendant and alleged contributory negligence of plaintiff, were properly submitted to the jury. We are not
The assignments are all overruled and the judgment is affirmed.