Smith v. Hollander

Appellant, Hattie Hollander, appeals from a judgment awarding damages for personal injuries sustained by plaintiff in being struck by said appellant’s automobile. Her co-defendant, Arthur Hollander, was granted a nonsuit.

The proof offered by the plaintiff was as follows: While walking westerly on the south sidewalk of Post Street, plaintiff was struck and injured by appellant’s automobile; which ran on to the sidewalk unawares from behind him. He did not see it approach nor hear any horn or warning signal. The only eye-witness 'for the plaintiff testified:

“I saw (the) automobile coming down…