163 Pa. 102 | Pa. | 1894
Opinion by
There was only one witness of the accident, a boy of ten
In regard to speed the only evidence is the testimony of the bo}7 that the car was coming fast. He was not asked nor did he say that it was faster than usual. The attempt to deduce unusual speed from the distance the car ran after striking the child must fail from the uncertainty of the evidence as to what part of the car passed over her and the direct testimony of the boy that it only slid two feet.
As to the duty of the driver to stop, it must be remembered that he had passed the 'crossing at Borden street where he was bound to expect and therefore to keep a special watch for foot passengers, and the little girl was still on the pavement, though about to step into the street, when he gave her the warning. He had a right to suppose it would be sufficient. The circumstances show that he was paying attention to his business, and using his judgment in the way the situation seemed to require. The result proved that it would have been better to have stopped or checked the car at first, but wisdom after the event is easy, and • looking only at the facts as they appeared to the driver then, the jury would hot be justified in saying that he ought to have foreseen the necessity of stopping. The learned judge was right in holding that there was no sufficient evidence of defendant’s negligence.
Judgment affirmed.