Opinion
[No. 64, October Term, 1934.]
Decided January 16, 1935.
Injury by Taxicab — Pedestrian Crossing Street — Contributory Negligence
The absence of lights on a taxicab at night, to give warning of its approach, affords evidence of negligence.
A pedestrian was not negligent as matter of law because, in crossing a triangular expanse of street bed formed by the intersection of the street on which he had been walking with an extremely broad highway, he crossed diagonally on a line which would have been the curve of the highway had there been no intersection, even though this line was beyond the end of the intersecting street.
The fact that one struck by a taxicab was at the time crossing the highway on an unnecessarily dangerous course would not render him guilty of contributory negligence, if in doing so he took proper precautions.
Decided January 16, 1935.
Appeal from the Superior Court of Baltimore City (OWENS, J.).
Action by Frederick W. Pohlmyer against D. Stanley Matthews and others. From a judgment for plaintiff, defendants appeal. Affirmed.
The cause was argued before BOND, C.J., URNER, OFFUTT, PARKE, and SLOAN, JJ.
Samuel J. Aaron, with whom were Howard L. Aaron and Jack M. Fox on the brief, for the appellants.
Charles F. Obrecht and Lester H. Crowther, with whom were Obrecht Baumann on the brief, for the appellee.
Unreported cases.