135 A. 207 | Pa. | 1926
Plaintiff recovered a verdict for injuries received by him through defendant's negligent operation of his automobile; the latter's motion for judgment n. o. v. was *295 refused, judgment was entered on the verdict, in a reduced amount, and this appeal followed.
Plaintiff was employed by the Pittsburgh Railways Company as a flagman to divert traffic from a street which had been closed for repairs, and while performing his duties, was struck and injured by an automobile driven by defendant. The accident occurred in full daylight and plaintiff testified that he saw the motor approaching and waved a red flag to divert it from the closed portion of the street, but defendant, disregarding the signal, continued until the car struck plaintiff.
The sole contention of defendant is that, by reason of plaintiff's deafness, of which there was evidence, he was guilty of contributory negligence per se in entering upon the work of a flagman. This position cannot be sustained; there is no evidence that plaintiff's defective hearing was in any sense responsible for the accident, and the fact that one suffers from such an impairment does not in itself make it negligence for him to be on the public streets. In Robb v. Quaker City Cab Co.,
The judgment is affirmed.
