Negligence - Breach of Duty - Assured Clear Distance Ahead Doctrine

Authors

Herbert A. Bernhard, University of Michigan Law SchoolFollow

Abstract

Plaintiff, while driving an automobile through a tunnel, collided with defendant's truck, which was stopped without lights. The Pennsylvania Vehicle Code requires an operator to drive at such a speed as will enable him to stop within the "assured clear distance ahead." Plaintiff alleged he was temporarily blinded by the sudden change from bright sunlight to the darkness of the tunnel. The jury found for plaintiff, but defendant's motion for judgment n. o. v. was granted. On appeal, held, affirmed, one justice dissenting. Plaintiff's failure to stop his automobile within the assured clear distance ahead constituted contributory negligence as a matter of law. Notarianni v. Ross, 384: Pa. 63, 119 A. (2d) 792 (1956).

Recommended Citation

Herbert A. Bernhard, Negligence - Breach of Duty - Assured Clear Distance Ahead Doctrine, 55 Mich. L. Rev. 299 (1956).
Available at: https://repository.law.umich.edu/mlr/vol55/iss2/12