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RIVERS v. BAUER

UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF PENNSYLVANIA


August 12, 1948

RIVERS et al
v.
BAUER et al.

The opinion of the court was delivered by: BARD

This is an action to recover damages arising out of personal injuries sustained by the wife plaintiff, Minnie Rivers, when she was struck by an automobile which was propelled onto the sidewalk as a result of a collision with a United States Navy truck.

One Harry Jones was also joined as a plaintiff in this action, but the complaint in his behalf has been dismissed by stipulation of Jones' counsel.

 On the basis of the pleadings and the testimony, I make the following special

 Findings of Fact.

 1. The plaintiffs are Minnie Rivers and her husband, Frederick Nathaniel Rivers.

 2. The defendants are Louis C. Bauer and William Wilson, individually and trading as Universal Laundry Company; and The United States of America.

 3. At all material times the defendant Bauer and Wilson were the owners of a vehicle hereinafter referred to as the 'laundry truck'. They were also the employers of Theodore A. LaMonica, the operator of the laundry truck.

 4. The defendant, The United States of America, was at all material times the owner of a vehicle hereinafter referred to as the 'Navy truck', and employed James H. Smith as the operator of the truck.

 5. On March 13, 1947, at approximately 2 P.M., Minnie Rivers and Harry Jones were standing on the east sidewalk of South Sixteenth Street at a point approximately 30 feet north of the north curb line of Fitzwater Street, in the City of Philadelphia.

 6. South Sixteenth Street has a cartway 26 feet wide, and is a one way street for northbound traffic.

  7. Shortly prior to 2 P.M. on March 13, 1947, the Navy truck entered South Sixteenth Street at a point several city blocks south of Fitzwater Street, and proceeded north on South Sixteenth Street. Up until the time of the collision the Navy truck maintained a course in the center of South Sixteenth Street.

 8. As the Navy truck approached the intersection of South Sixteenth Street and Fitzwater Street, the laundry truck was following the Navy truck. Both vehicles were proceeding at a speed of approximately 15 to 20 miles per hour.

 9. Immediately after the Navy truck had crossed Fitzwater Street, the laundry truck increased its speed slightly in an attempt to overtake and pass the Navy truck on the left-hand side. The driver of the laundry truck sounded his horn.

 10. When the two vehicles, abreast of each other, reached a point approximately 30 feet north of the north curb of Fitzwater Street, the right front wheel of the laundry truck came in contact with the left front wheel of the Navy truck.

 11. As a result of this contact, the Navy truck veered sharply to the right and struck a Buick automobile which was parked at the curb line, forcing the latter vehicle to mount the sidewalk and strike Mrs. Rivers.

 12. Immediately prior to the time of the collision, the laundry truck was maintaining a course with its left wheels several inches from the west curbline of South Sixteenth Street.

 13. Mrs. Rivers was in no way at fault in this collision; she was simply standing on the sidewalk where she had a right to be.

 14. At the time of the accident, the weather was clear and the street was dry.

 15. As a result of being struck by the Buick automobile, Mrs. Rivers suffered a compound fracture of the left leg, and a soft tissue injury of the lower part of the right leg.

 16. The fracture of Mrs. Rivers' left leg has necessitated two operations in the past, and will require a third operation in the future. 17. The husband plaintiff, Frederick Nathaniel Rivers, has proven the following damages which have already been sustained: (a) Hospital bill for Mrs. Rivers, $ 455.60 (b) Liniments and other medications, $ 30.00 (c) Expenses of employing a relative to care for Mrs. Rivers subsequent to the accident $ 190.00

19480812

© 1992-2004 VersusLaw Inc.



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