84 Pa. Super. 174 | Pa. Super. Ct. | 1924
Argued October 27, 1924. Plaintiff sued to recover damages for alleged negligence resulting in injuries to his automobile and the loss of the use thereof. This appeal is from the judgment entered on a verdict in his favor. The assignments of error and statement of the questions involved present three propositions: 1. Was plaintiff guilty of contributory *176 negligence as matter of law? 2. Was there competent proof of the cost of hiring another automobile while plaintiff's machine was being repaired? 3. Was the verdict against the law because it is in excess of the difference between the value of plaintiff's automobile at the time of the collision and its value immediately after?
1. In determining whether or not binding instructions should have been given in favor of defendant on the ground that plaintiff was guilty of contributory negligence, we must accept as true all the testimony and inferences therefrom favorable to plaintiff and reject everything therein unfavorable to him: Geiger v. Garrett,
Under these facts the case was for the jury on the question of plaintiff's contributory negligence. He was at the street intersection substantially in advance of the truck, and had the right to proceed irrespective of the right and left rule. He was not obliged to wait for the truck to cross Forty-ninth Street or to stop, unless there was something in the circumstances which made it manifestly dangerous for him to proceed to cross Walton Avenue ahead of the truck. He saw the truck and could assume that its driver saw his car. We cannot agree with the learned counsel for appellant that the only reasonable explanation of plaintiff's conduct is that he did not look to the west before crossing Walton Avenue and did not see defendant's truck until he had started to cross. This is in the teeth of plaintiff's testimony. Nor can we say that plaintiff did not have his car under control. We said, in Rose v. Quaker City Cab Co.,
2. The verdict included an item of damage representing the expense of hiring an automobile while plaintiff's car was being repaired. Plaintiff was a physician who drove his own car. As a result of the accident he was obliged either to hire another conveyance or abandon his business. The only kind of a car he could hire was a Ford car, which he did not know how to drive. For that reason he was obliged to have a man to drive it. He paid $371.75 for the hire of the car and chauffeur. It appeared that the charge per diem included the gasoline and oil used. It is conceded by appellant that in the circumstances plaintiff had a right to hire a car, but it is contended that he could not charge defendant with the cost of a chauffeur and his gasoline and oil. If it was a fact, and there was evidence to that effect, that plaintiff could not drive a Ford car, it would be useless to him without a chauffeur. The expense of paying such a servant was therefore the direct and immediate result of defendant's negligence, and was a proper item to be allowed. We agree that plaintiff was not entitled to recover the cost of the gasoline and oil to operate the Ford car. But with no other error in the record, we consider the matter de minimis and are not disposed to reverse on that ground.
3. It is finally urged that the amount of plaintiff's damages should have been limited to the difference between the value of his automobile at the time of the collision and its value immediately after. It was conceded that the value of the car at the time of the accident was $400 or $500; that in its damaged condition its *179
value was $200, and that the cost of repairs was $288.01. It is argued that the judgment for $659.76, of which $288.01 was for repairs and $371.75 was for hiring another automobile, gives plaintiff a material profit as a result of the collision at the expense of defendant; and that the damages should not exceed the value of the automobile. In Price v. Newell,
All of the assignments of error are overruled and the judgment is affirmed. *180