Opinion
March 8, 1939.
April 12, 1939.
Negligence — Automobiles — Contributory negligence — Pedestrian — Failure to look — Visible approaching vehicle — Evidence.
1. It is vain for a person to say he looked, if, despite what he must have seen, he walked directly in front of a plainly visible approaching automobile, by which he was immediately struck.
2. Dando v. Brobst, 318 Pa. 325, held controlling.
Appeal, No. 46, Feb. T., 1939, from judgment of C.P. Lackawanna Co., Nov. T., 1937, No. 1129, in case of Victor Forgioni v. Max Balaban.
Before KELLER, P.J., CUNNINGHAM, BALDRIGE, STADTFELD, PARKER and RHODES, JJ. Judgment affirmed.
Trespass for personal injuries. Before LEACH, P.J.
Verdict for plaintiff in sum of $1,200. Judgment entered for defendant n.o.v. Plaintiff appealed.
Error assigned was judgment n.o.v.
John Memolo, with him J. Harry Morosini, for appellant.
Frank M. Walsh, for appellee.
Argued March 8, 1939.
This case is governed in principle by the decision of the Supreme Court in Dando v. Brobst et al., 318 Pa. 325, 177 A. 831, which reversed judgments in favor of the plaintiff, under very similar circumstances, and entered judgment for the defendants.
The decision was based on the legal principle laid down in the case of Carroll v. Penna. R. Co., 12 W.N.C. 348, 349, where the Supreme Court said: "It is in vain for a man to say that he looked and listened, if, in despite of what his eyes and ears must have told him, he walked directly in front of a moving locomotive."
The same thing may be said of one who walks directly in front of a plainly visible approaching automobile, which is so close at hand that it hit him before he could take one step back.
Judgment affirmed.