Forgioni v. Balaban

Superior Court of Pennsylvania

Forgioni v. Balaban

5 A.2d 398, 135 Pa. Super. 179, 1939 Pa. Super. LEXIS 279

CourtSuperior Court of Pennsylvania

DecidedMarch 8, 1939

DocketAppeal, 46

StatusPublished

Cited by2 cases

This text of 5 A.2d 398 (Forgioni v. Balaban) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Forgioni v. Balaban, 5 A.2d 398, 135 Pa. Super. 179, 1939 Pa. Super. LEXIS 279 (Pa. Ct. App. 1939).

Pincite

Opinion

Per Curiam,

This case is governed in principle by the decision of the Supreme Court in Dando v. Brobst et al., 318 Pa. 325, 177 A. 831, which reversed judgments in favor of the plaintiff, under very similar circumstances, and entered judgment for the defendants.

The decision was based on the legal principle laid down in the case of Carroll v. Penna. R. Co., 12 W. N. C. 348, 349, where the Supreme Court said: “It is in vain for a man to say that he looked and listened, if, in despite of what his eyes and ears must have told him, he walked directly in front of a moving locomotive.”

The same thing may be said of one who walks directly in front of a plainly visible approaching automobile, which is so close at hand that it hit him before he could take one step back.

Judgment affirmed.

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