Ake v. City of Pittsburgh
Ake v. City of Pittsburgh
Opinion of the Court
Opinion by
Margaret Ake brought an action of trespass against the City of Pittsburgh to recover damages for the death of her husband. On July 20, 1908, at about six o’clock in the evening, the latter was driving a one-horse “spring-wagon,” such as is commonly used in the huckstering business, in a northerly direction on Sycamore street (a public thoroughfare running from the top of Mt. Washington down to Carson street in the City of Pittsburgh); when he reached Vinecliff street his wagon was overturned and he was thrown beneath it and killed. At the point where the accident occurred Sycamore street is intersected on its western side by Vinecliff street, and at this place two planks were laid across Sycamore street to provide a foot-path for pedestrians who might desire to cross to its eastern side. A short
The appellant contends that under the evidence it should have been held as a matter of law that the deceased was guilty of contributory negligence, and that the defendant was entitled to judgment non obstante veredicto; further, that the trial judge erred in excluding expert testimony offered to show that the deceased could have driven past the place of the accident in safety. A review of the entire record convinces us that the defendant’s negligence and the decedent’s contribu
The assignments are all overruled and the judgment is affirmed.
Reference
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- Negligence — Municipalities—Streets—Hole in cartway — CWtributory negligence■ — Expert testimony — Case for fury. 1. When all the circumstances can be fully and adequately described to the jury and are such that their bearing on the issue can be estimated by all men, without special knowledge or training, opinions of witnesses, expert or other, are not admissible. 2. Where an accident occurred in consequence of a person having driven into a hole in a public street under conditions fully described by the witnesses, expert testimony cannot be received as to whether or not deceased could have avoided the accident. 3. In an action against a city to recover damages for the death of the plaintiff’s husband it appeared that the accident was caused by the overturning of the decedent’s wagon in consequence of his having driven into a hole about three feet wide and sixteen to twenty inches deep in the road bed of a public street in defendant city; that there were numerous unusual conditions, obstructions and irregularities át and about the place of the accident including a stone pilo and a plank foot path not perfectly level with the street to which the decedent was obliged to pay heed; that the hole was in the path which under the surrounding conditions any one who drove in the direction taken by the decedent was obliged to use and that it had been there for at least three weeks; and there was no testimony to indicate that the deceased was driving in a careless or reckless manner. Held, that the questions of defendant’s negligence and plaintiff’s contributory negligence were for the jury.