Benton v. Philadelphia

Supreme Court of Pennsylvania
Benton v. Philadelphia, 198 Pa. 396 (Pa. 1901)
48 A. 267; 1901 Pa. LEXIS 800
Brown, Fell, McCollum, Mestrezat, Mitchell, Pee, Potter

Benton v. Philadelphia

Opinion of the Court

Pee Curiam,

The court below entered a compulsory nonsuit and refused, on motion, to take it off. The ground of the nonsuit was the contributory negligence of the plaintiff and this was fairly established by his testimony. He was riding on his bicycle at the time lie was injured, and if he had given proper attention to the operation of it, and had looked where he was going, he could have easily and safely avoided tlie occurrence of which ho complains. It was an unfortunate occurrence but not such as would authorize a judgment against the defendant. The assignment of error is dismissed.

Judgment affirmed.

Reference

Cited By
2 cases
Status
Published
Syllabus
Negligence—Gonlributoi'y negligence—Bicycles—Defect in road. In an action against a city to recover damages for personal injuries caused by a fall from a bicycle, a compulsory nonsuit is properly entered where it appears from plaintiff’s own testimony that while riding down a hill he lost his pedal in passing over a gully, and looking down to regain his pedal, struck another gully which was six or eight feet from the first gully, and which he could have seen if he had looked ahead, and was thrown and injured.