Gray v. Fox
Gray v. Fox
Opinion of the Court
Opinion by
“It is the duty of one approaching the crossing of a street intersection to have his vehicle under control; and to observe what is or may be approaching on the other street. And where another vehicle is first at the crossing to give it an opportunity to clear the same; and to use due care to avoid a collision” : McClung v. Pennsylvania Taximeter Cab Co., 252 Pa. 478. The appellant, the owner and driver of the car, has clearly violated this rule. He was driving east on Montgomery avenue,
The assignments of error are overruled and the judgment of the court below is affirmed.
Reference
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- Syllabus
- Negligence — Automobiles—Collision at crossing —■ Contributory negligence. In an action to recover damages for injuries resulting from a collision of two automobiles at a crossing, the plaintiff cannot recover, if the evidence shows that in approaching the crossing he did not have his car under control, and was not prepared to stop immediately if danger threatened; and this is the case even if it appeared that the defendant was negligent in not having his ear under control, in not sounding his horn, and in not making proper observation ahead. It is the duty of one approaching the crossing of a street intersection, to have his vehicle under control; and to observe what is or may be approaching on the other street; and where another vehicle is first at the crossing to give it an opportunity to clear the same; and to use due care to avoid a collision.