Appeal, No. 283, Jan. T., 1950, from judgment of Court of Common Pleas No. 3 of Philadelphia County, June T., 1949, No. 5352, in case of Mary G. Thompson v. William D. Gorman, Jr. Judgment affirmed.
Philip S. Polis, for appellant.
Thomas E. Comber, Jr., with him Pepper, Bodine, Stokes & Hamilton, for appellee.
Before Drew, C.j., Stearne, Jones, Bell, Ladner and Chidsey, JJ.
OPINION BY MR. JUSTICE BELL
Plaintiff sued defendant in trespass for injuries sustained by her while crossing a street in Philadelphia. Binding instructions were given for defendant, a motion for new trial was refused and this appeal followed.
The material facts a re as follows: Plaintiffs, aged 66, was coming home from work at five minutes of five on June 21, 1949. She was proceeding west on Diamond Street intending to cross Front Street. Defendant's automobile was coming east on Diamond Street intending to turn left on Front Street. When plaintiff got to the northeast corner of Front and Diamond Streets, she noticed that the light was green, thus giving a right of way to pedestrians and automobilists on Diamond Street. While standing on the corner, she saw an automobile, the defendant's, coming down Diamond Street in the opposite direction to which she was walking; it was then about 50 feet from the west curb line of Diamond Street. Plaintiff then stepped off the curb to cross Front Street a few steps in back of three or four people.
When plaintiff got to the center of the street, viz., between the second and third rail, meaning the space between the trolley tracks that run north and south on Front Street, Defendant's automobile came alongside side
of her; she stepped back, lost her balance, fell, and sustained serious injuries. When she stepped back, the automobile was less than two feet from her. From the time she saw defendant's automobile (when she was on the corner of Front and Diamond Streets, and it was approximately 50 feet west of the west curb line of Front Street) she did not see the automobile again "until it was right alongside of me". She testified that she did not hear any warning signal and that there was nothing to block her view of the automobile nor the driver's view of her. Twice a month for 21 years plaintiff had crossed the street at this intersection and she testified that at the time of day it was a busy intersection.
Front Street is thirty-four feet wide from curb to curb, with pavements thirteen feet wide. Diamond Street is twenty-six feet wide, curb to curb, with pavements twelve feet wide. Front Street has north and south bound street railway tracks, each five feet, two inches in width, with a "dummy" between, four feet, six inches in width. The east and west cartways of Front Street are nine feet, seven inches wide. Diamond Street is a one-way street, east-bound, and has no car tracks. Diamond Street east-bound ends at Front Street; at the east side of Front Street, Coral Street, twenty-six feet wide, begins, running in a northeast direction. A traffic light is located at the center of the intersection.
Jean Thompson, daughter of plaintiff, accompanied her mother that afternoon. She testified that as she and her mother stood on the corner of Front and Diamond Streets the light was green for traffic going east and west; that there were a few people in front of them; that a soughbound trolley car on Front Street had just drawn up to the northwest corner; that when she was at ...