Pensak v. Peerless Oil Company

Opinion by

Mr. Justice Schaffer,

Plaintiff, while crossing one of the busiest streets in the City of Scranton, was struck and injured by defendant’s truck. He recovered a verdict, upon which judgment was entered. Defendant appeals, contending that plaintiff was guilty of contributory negligence, that he heedlessly walked into the side of the truck. Our reading of the testimony does not convince us that he did. On the contrary, even under defendant’s own testimony, we think the question of plaintiff’s contributory negligence was for the jury.

The accident occurred where the intersection of Sixth…