Superior Court of Pennsylvania, 1939

Forgioni v. Balaban

Forgioni v. Balaban
Superior Court of Pennsylvania · Decided March 8, 1939 · Keller, Cunningham, Bald-Rige, Stadteeld, Parker, Rhodes
5 A.2d 398; 135 Pa. Super. 179; 1939 Pa. Super. LEXIS 279 (Atlantic Reporter, Second Series)

Forgioni v. Balaban

Opinion of the Court

Per Curiam,

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: β€œIt 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.