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D. STANLEY MATTHEWS ET AL. v. FREDERICK POHLMYER

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.

BOND, C.J., delivered the opinion of the Court.

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MATTHEWS v. POHLMYER
(Jan 16, 1935)