Appeal, No. 268, Jan. T., 1951, from judgment of Court of Common Pleas No. 3 of Philadelphia County, March T., 1949, No. 3234, in case of Girard Amodei, Admr., Estate of Giovanni Amodei v. Henry Steven Saunders. Judgment affirmed; reargument refused June 29, 1953.
J. J. Kilimnik, for appellant.
I. Raymond Kremer, with him A. Bernard Hirsch, for appellee.
Before Stern, C.j., Stearne, Jones, Chidsey, Musmanno and Arnold, JJ.
OPINION BY MR. JUSTICE MUSMANNO
On November 6, 1948, Giovanni Amodei, 53 years of age, while crossing Rising Sun Avenue at its intersection with Goodman Street, in the City of Philadelphia, was struck and killed by an automobile owned and operated by the defendant, Henry Steven Saunders. The administrator of his estate recovered a verdict of $12,300 in the ensuing trial against the defendant. From the judgment entered on that verdict the defendant
has appealed, contending through his counsel that there was not sufficient evidence to take the case to the jury, the decedent was guilty of contributory negligence and the verdict was against the evidence and the weight of the evidence.
Rising Sun Avenue, which is 38 feet wide, runs east and west, and Goodman Street, 18 feet wide, runs generally north and south. In crossing Rising Sun Avenue from the south, Goodman Street does not penetrate straight through but jumps to the east a house width, (in the form of a 10 foot cinder road) so that we might visualize this intersection as a cross with the head piece distorted to the right (this being the continuation of Goodman Street); the arms being Rising Sun Avenue; and the base being Goodman Street south of Rising Sun. November 6, 1948, was a clear dry day, with no atmospheric or geographical impediment to the defendant's vision of the crucial street area.
Witness Erminio Iacovetti testified that he talked to Amodei on the southeast corner of Goodman Street and Rising Sun, saw him cross over to the southwest corner of the intersection and then commit himself to the intersection. A few moments later he heard a woman scream and he saw the automobile collide with Amodei on the north side of Rising Sun, which would mean that Amodei had traversed more than one half of the intersection when struck. Iacovetti saw no other automobile on the street.
The witness Eva Scheeler who lived at 1131 Rising Sun Avenue, the house immediately west of the northern projection of Goodman Street, looked out the window and saw the decedent crossing Rising Sun Avenue, "catercorner" from the southeast to the northwest corner of the intersection. When he got to the middle of the street he moved faster, she said. At a point somewhere ...