Rawlings v. Erwin Motor & Machine Co.
Rawlings v. Erwin Motor & Machine Co.
Opinion of the Court
Opinion by
In this action the plaintiff sought to recover damages resulting from a collision of an auto truck of the defendant company with her own car which she was driving in person. At the conclusion of the trial the court below submitted to the jury the usual questions of the negligence of the defendant and the alleged contributory negligence of the plaintiff. As to the manner of submission there is no complaint. The jury rendered a moderate verdict in favor of the plaintiff and thus established that she was without fault and that the truck of the defendant had been negligently operated. Afterwards the learned court below entered a judgment for the defendant n. O', v. without filing any opinion.
As we find no warrant at all in the evidence for any declaration by the court that defendant was free from negligence, we must assume the judgment entered rested on the conclusion the plaintiff had established by her own evidence that she had contributed by her own lack of care to the injury of which she complained.
We are unable to find support in her evidence for the judgment entered against her. Of course in considering the correctness of such a judgment, her testimony, with all reasonable inferences in her favor that a jury might draw, must be accepted by the court. The accident occurred about noon. She was driving her own small car going south on Eighteenth street in Philadelphia. Her intention was to turn eastward on Diamond street. As she approached that street she blew the horn several times and actually stopped her car. In thus coming entirely to a standstill, she more than measured up to the standard
But it is not necessary to go further into the details of the evidence. Enough has been said to convince us the leaxuxed trial judge fell ixxto error in holding, as a matter of law, that plaintiff had been guilty of contributory negligence. It is- clear that she approached the cross street with more than ordinary care, having blown the horn of her car and brought it to a stop. In Bush v.
Upon the whole case we are of opinion the judgment for the defendant was erroneously entered.
The judgment is reversed and the record remitted to the court below with direction to enter judgment in favor of the plaintiff on the verdict, the costs of this appeal to be paid by the appellee.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.