Farrell v. Boggs & Buhl, Inc.
Supreme Court of Pennsylvania
Farrell v. Boggs & Buhl, Inc., 263 Pa. 221 (Pa. 1919)
106 A. 198; 1919 Pa. LEXIS 402
Brown, Fox, Frazer, Simpson, Walling
Farrell v. Boggs & Buhl, Inc.
Opinion of the Court
The complaint of the appellant is that this case was submitted to a jury. No complaint is made of the charge if it was for their consideration, and there ;is no assignment alleging error in the admission or rejection of testimony. That the injuries sustained by the appellee resulted from the collision of appellant’s automobile bus, in which she was riding, with a truck, was a fact fairly to be found from the testimony, and that the question of the negligence of appellant’s chauffeur as the cause of the collision was for the jury clearly appears in the opinion of the learned court below denying the motion for judgment non obstante veredicto.
Judgment affirmed.
Reference
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- Negligence — Automobiles — Collision — Negligence of driver— Question for jury. The question of negligence of defendant’s chauffeur as the cause of a collision in which the plaintiff sustained injuries while a passenger in defendant’s autobus, is for the jury where there is evidence that the chauffeur saw the automobile truck with which he came in contact 45 feet away, coming out of an alley across his way; that he could have stopped within a few feet, but did not slacken his speed or give any signal, and that the machine he was driving ran into the side of the truck.