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Bianco v. Scott Bros., Inc.

Superior Court of Pennsylvania
Dec 18, 1934
175 A. 721 (Pa. Super. Ct. 1934)

Opinion

October 18, 1934.

December 18, 1934.

Negligence — Automobiles — Minor struck by truck — Distance of minor from truck — Vehicle proceeding in direction contrary to traffic — Evidence — Question for jury.

1. In an action to recover for the death of plaintiff's son, 11 years old, who was struck by defendant's truck, the question of defendant's negligence is for the jury, where the evidence discloses that the accident occurred after sunset at the close of a rainy day, that at the time of the accident defendant was proceeding on a one way street against traffic and without lights, that the minor decedent was hanging on the side of a trolley car proceeding along the street in the proper direction, and that the boy jumped off the trolley car when 20 or 25 feet in advance of the defendant's truck and was then run over.

2. The fact that the driver of a motor vehicle was proceeding against traffic on a one way street in violation of a city ordinance is not conclusive evidence of negligence, but the jury may properly conclude that in such a case greater degree of care was required of him than is required of one proceeding on a highway in the proper direction.

Appeal No. 413, October T., 1934, by defendant from judgment of C.P., No. 5, Philadelphia County, June T., 1932, No. 6165, in the case of Giuseppe Bianco et ux. v. Scott Brothers, Inc.

Before TREXLER, P.J., KELLER, CUNNINGHAM, BALDRIGE, STADTFELD and PARKER, JJ. Affirmed.

Trespass for death of minor. Before ALESSANDRONI, J.

The facts are stated in the opinion of the Superior Court.

Verdict for plaintiffs in the amount of $500 and judgment entered thereon. Defendant appealed.

Error assigned, among others, was refusal of point for binding instructions.

Stanley B. Rice, and with him Maurice W. Sloan, Jr., and Maurice W. Sloan, for appellant.

Samuel C. Nissenbaum, for appellees.


Argued October 18, 1934.


Joseph Bianco, 11 years old, was run over and killed by defendant's truck on December 11, 1931. Suit was brought by the parents and recovery had for the damages sustained. The defendant appealed.

It was about 5:30 o'clock P.M., the close of a rainy day, the sun had set and it was growing dark. Bianco, according to the testimony of eye witnesses, was hanging on the side of a trolley car proceeding westwardly on Tasker Street, which is a one way street for west bound traffic only. At the same time defendant's truck was proceeding eastwardly on the south side of Tasker Street going against traffic and without lights. The boy jumped off the trolley car when 20 or 25 feet in advance of the defendant's truck. His action and his being struck by the truck were not simultaneous for one of the witnesses testified that she had not seen him clinging to the car, but saw him standing in the street just before he was struck. Clearly this was a case the court could not decide in favor of the defendant as a matter of law. The question was one for the jury. This was not a case of a boy suddenly running in front of a car. The fact that the driver of the truck was proceeding in the wrong direction in violation of the city ordinance would not necessarily be evidence of negligence, but the jury could easily conclude that when a man is going against traffic in a direction which he has no legal right to go, a greater degree of care is required of him than when he is proceeding in the same direction as others are.

The judgment is affirmed.


Summaries of

Bianco v. Scott Bros., Inc.

Superior Court of Pennsylvania
Dec 18, 1934
175 A. 721 (Pa. Super. Ct. 1934)
Case details for

Bianco v. Scott Bros., Inc.

Case Details

Full title:Bianco et ux. v. Scott Brothers, Inc., Appellant

Court:Superior Court of Pennsylvania

Date published: Dec 18, 1934

Citations

175 A. 721 (Pa. Super. Ct. 1934)
175 A. 721