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UNDERHILL v. TABBUTT

August 24, 1945

UNDERHILL
v.
TABBUTT



The opinion of the court was delivered by: BARD

This is an action to recover compensation for damage to plaintiff's automobile allegedly caused by defendant's negligent operation of a motor vehicle. The suit was originally brought in the Court of Common Pleas for the County of Delaware, Pennsylvania, and was removed to this Court under the provisions of Section 33 of the Judicial Code as amended. *fn1"

I make the following special

 Findings of Fact

 1. Plaintiff Hattie V. Underhill, a resident of Lansdowne, Pennsylvania, was, at all times pertinent hereto, the owner of a Buick automobile, Pennsylvania license No. 697V8 (1940).

 2. Defendant Clayton W. Tabbutt was, at all times pertinent hereto, an employee of the United States Bureau of Internal Revenue driving a government owned Chevrolet automobile.

 3. At about 9:40 P.M. on April 21, 1940 defendant's automobile collided with plaintiff's car in front of premises No. 9 East Plumstead Avenue, between Lansdowne and Wayne Avenues, Lansdowne, Pennsylvania, causing damage to plaintiff's automobile.

 4. At the time of the accident it was dark and raining. The headlights of both cars were lit.

 5. F. S. Underhill, plaintiff's husband, was driving her automobile in an easterly direction on the south side of Plumstead Avenue at low speed.

 6. Defendant was driving the government automobile westwardly on the north side of Plumstead Avenue at a moderate rate of speed.

 7. Underhill began a left turn across the west-bound lane opposite premises No. 9 East Plumstead Avenue to enter the driveway on the premises when defendant was approximately 150 feet to the east approaching the driveway.

 8. Defendant struck the middle of the right side of plaintiff's car. At the moment of impact, the front of plaintiff's car was on the sidewalk and about to enter the driveway, and the rear end of the car projected on Plumstead Avenue.

 9. Defendant's car stopped about one foot from the north curb of Plumstead Avenue perpendicular to and against the right side of plaintiff's automobile.

 10. No other vehicles were on Plumstead Avenue in the vicinity of the accident. There was a space of approximately 28 feet from the rear of plaintiff's car to the south curb of Plumstead Avenue.

 10. After the accident, defendant admitted to Mr. and Mrs. Underhill and the police officer who investigated the accident ...


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