McAvoy v. Kromer

Opinion by

Mr. Justice Kephart,

Plaintiff’s statement charges defendants with operating a car at an “excessive, illegal and improper rate of speed,” and with “negligently and recklessly operating it without due regard for the safety of pedestrians and without being under due control.” The evidence does not sustain these charges, and, to affirm appellee’s case, we must hold that a mere collision between an *198automobile and a pedestrian or vehicle proves negligence; this it does not do: King v. Brillhart, 271 Pa. 301, 304; Flanigan v. McLean, 267 Pa. 553, 556. Nor does it raise a presumption of…