185 A. 296 | Pa. | 1936
Argued April 22, 1936. Plaintiff brought this suit in trespass to recover damages for injuries caused by alleged negligent operation of defendant's automobile. From the refusal of the *66 court below to take off the compulsory nonsuit entered at the close of plaintiff's evidence, plaintiff has appealed.
The accident happened between nine and ten o'clock in the morning of a clear day, while plaintiff was attempting to cross the street at a point admittedly not a regular crossing. Plaintiff testified that he had a clear unobstructed view of one hundred feet in the direction from which defendant came. While still on the curb he looked in that direction and saw no cars coming. He then stepped down behind a car parked at the curb, and stopped and looked again before passing beyond the parked car. Upon seeing no approaching traffic, he stepped out into the street and was immediately struck by defendant's automobile. It appeared that defendant stopped his car instantly, the stopping and the striking being almost simultaneous.
We think it is quite clear that plaintiff was contributorily negligent. The case is governed by Dando v. Brobst,
Judgment affirmed. *67