MURPHY v. WATSON, 329 Pa. 64 (1938)

197 A. 151

Murphy, Appellant, v. Watson.

Supreme Court of Pennsylvania.January 12, 1938.
January 31, 1938.

Negligence — Automobiles — Contributory negligence — Private areaway — Failure to look.

In an action for injuries, the evidence established as a matter of law that plaintiff, who was injured in a private areaway in use by cars, was contributorily negligent in failing to look out for the approach of the automobile although she knew that it was being operated in dangerous proximity to her.

Argued January 12, 1938.

Before KEPHART, C. J., SCHAFFER, MAXEY, DREW, LINN and STERN, JJ.

Appeal, No. 91, Jan. T., 1938, from judgment of C. P. No. 1, Phila. Co., March T., 1932, No. 8076, in case of Catherine M. Murphy v. William W. Watson, Jr. Judgment affirmed.

Trespass for personal injuries. Before GANGLOFF, P. J., specially presiding.

Verdict for plaintiff in sum of $5,000. Judgment entered for defendant n. o. v. Plaintiff appealed.

Error assigned was judgment n. o. v.

Thomas Boylan, for appellant.

Ward C. Henry, for appellee, was not heard.

PER CURIAM, January 31, 1938:

After carefully reading the testimony, we are in agreement with the court below that appellant was guilty of contributory negligence as a matter of law. She was injured in a private areaway in use by cars, and although she knew that an automobile was being operated in dangerous proximity to her, she did not look out for its approach. Her position was analogous to that of a

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pedestrian on a highway, who is contributorily negligent if he does not watch for approaching cars: Lorah v. Rinehart, 243 Pa. 231.

Judgment affirmed.