Anderson v. Wood, 80

CourtUnited States State Supreme Court of Pennsylvania
Writing for the CourtMR. JUSTICE KEPHART:
Citation107 A. 658,264 Pa. 98
Decision Date10 March 1919
Docket Number80
PartiesAnderson v. Wood, Appellant

107 A. 658

264 Pa. 98

Anderson
v.
Wood, Appellant

No. 80

Supreme Court of Pennsylvania

March 10, 1919


Argued: January 13, 1919

Appeal, No. 80, Jan. T., 1919, by defendant, from judgment of C.P. No. 2, Philadelphia Co., March T., 1914, No. 2297, on verdict for plaintiff in case of Blanche E. Anderson, Administratrix of the Estate of John A. Anderson, deceased, v. Thomas D. Wood. Affirmed.

Trespass to recover damages for personal injuries. Before ROGERS, J.

Verdict and judgment for plaintiff for $3,500. Defendant appealed.

Error assigned was in refusing judgment for defendant n.o.v.

The judgment of the court below is affirmed at the cost of the appellant.

Francis B. Bracken, with him Sheldon F. Potter and C. C. Norris, Jr., for appellant, cited: Rose v. Quaker City Cab Co., 69 Pa.Super. 208; Harman v. Penna. Traction Co., 200 Pa. 311; Virgilio v. Walker, 254 Pa. 241; Kauffman v. Nelson, 225 Pa. 174; Creed v. Penna. R.R., 86 Pa. 139.

Thomas F. Gain, with him Francis Shunk Brown and Ira Jewell Williams, for appellee, cited: Virgilio v. Walker, 254 Pa. 241; Kerbaugh v. U.S. Express Co., 58 Pa.Super. 556.

Before BROWN, C.J., MOSCHZISKER, FRAZER, WALLING and KEPHART, JJ.

OPINION

[264 Pa. 99] MR. JUSTICE KEPHART:

"Vehicles have the right-of-way on the portion of the highway set aside for them, but at crossings all drivers, [264 Pa. 100] particularly of motor vehicles, must be highly vigilant and maintain such control that, on the shortest possible notice, they can stop their cars so as to prevent danger to pedestrians; on the other hand, between crossings drivers are not held to the same high standard of care, although, of course, they must be constantly on the lookout for the safety of others." Where a pedestrian traverses a public highway between the regular crossings, he is bound to a high degree of care: Virgilio v. Walker & Brehm, 254 Pa. 241. "Pedestrians are not restricted to the use of established street crossings when they attempt to pass from one side of the street to the other. They have a right to pass at whatever point they elect": Watts v. Plymouth Borough, 255 Pa. 185-188. A pedestrian cannot be held to be negligent by the court, as a matter of law, when he attempts to cross a street between [107 A. 659] the regular crossings, but in exercising this right he must have due regard to the conditions of the traffic before he enters the cartway. If he deliberately attempts to cross the street when vehicles are rapidly approaching close by, and injury results, ordinarily, he will be chargeable with such carelessness as to prevent a recovery of...

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2 practice notes
  • Rankin v. Ward Baking Co., 23
    • United States
    • United States State Supreme Court of Pennsylvania
    • 3 Enero 1922
    ...driver to have his car under such control at street intersections as to be able to stop at the shortest possible notice: Anderson v. Wood, 264 Pa. 98. For a motor vehicle to run down a pedestrian, who is in full view and does not suddenly [272 Pa. 111] change his course, is evidence of negl......
  • Pensak v. Peerless Oil Company, 154
    • United States
    • United States State Supreme Court of Pennsylvania
    • 10 Abril 1933
    ...with him Myer Kabatchnick, for appellee, cited: Rosenthal v. Phonograph Co., 274 Pa. 236; Johnson v. French, 291 Pa. 437; Anderson v. Wood, 264 Pa. 98; Gilles v. Leas, 282 Pa. 318; McGurk v. Belmont, 297 Pa. 192; King v. Brillhart, 271 Pa. 301; Robb v. Cab Co., 283 Pa. 454; Lamont v. Expres......
2 cases
  • Rankin v. Ward Baking Co., 23
    • United States
    • United States State Supreme Court of Pennsylvania
    • 3 Enero 1922
    ...driver to have his car under such control at street intersections as to be able to stop at the shortest possible notice: Anderson v. Wood, 264 Pa. 98. For a motor vehicle to run down a pedestrian, who is in full view and does not suddenly [272 Pa. 111] change his course, is evidence of negl......
  • Pensak v. Peerless Oil Company, 154
    • United States
    • United States State Supreme Court of Pennsylvania
    • 10 Abril 1933
    ...with him Myer Kabatchnick, for appellee, cited: Rosenthal v. Phonograph Co., 274 Pa. 236; Johnson v. French, 291 Pa. 437; Anderson v. Wood, 264 Pa. 98; Gilles v. Leas, 282 Pa. 318; McGurk v. Belmont, 297 Pa. 192; King v. Brillhart, 271 Pa. 301; Robb v. Cab Co., 283 Pa. 454; Lamont v. Expres......

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