163 A. 521 | Pa. | 1932
Argued October 5, 1932. In the City of McKeesport, Library Avenue runs east and west, and Union Avenue, thirty-two feet in width, runs north and south. On September 29, 1929, plaintiff was riding a motorcycle east on Library Avenue, and defendant was driving a Ford automobile north on Union Avenue. Plaintiff on his motorcycle came to a stop fifteen or twenty feet before reaching the intersection and saw defendant's automobile approaching from his, plaintiff's, right one hundred fifty feet or more away. Plaintiff proceeded about twenty feet and looked again. He saw defendant's car about one hundred *245 twenty-five feet away. Plaintiff proceeded about ten or fifteen feet further and saw defendant's car about fifty feet away. Plaintiff continued his course at a speed of five or ten miles an hour, and defendant's car collided with plaintiff's motorcycle in the street intersection near the curb. Plaintiff was injured. At the point where Union Avenue intersects Library Avenue, the former is about forty-five feet wide on account of what is described as "a jog in the street." This jog was on the side from which plaintiff was traveling across the intersection. The collision took place after the plaintiff proceeded from where he had made his last observation of defendant's car and had reached a point about five feet from the far curb line. The left-hand side of the automobile collided with the right-hand side of the motorcycle. Defendant's automobile was traveling fifteen or twenty miles an hour.
Defendant presented a request for binding instructions. This was refused. The jury returned a verdict for the plaintiff in the sum of six thousand three hundred seventy-five dollars. Defendant filed a motion for judgment n. o. v. This was refused. An appeal was taken.
In a motion for judgment n. o. v. plaintiff is entitled to have the testimony in his behalf considered in its most favorable aspects, and this being done in this case, it cannot be said as a matter of law that plaintiff is guilty of contributory negligence. The defendant stresses the case of Weinberg v. Pavitt,
Under the facts of the case before us the questions of the negligence of the defendant and plaintiff, respectively, were for the jury. Their submission was accompanied by proper instructions.
The judgment is affirmed. *247