Appeals, Nos. 72 and 73, Jan. T., 1955, from judgment of Court of Common Pleas of Lehigh County, Sept. T., 1952, No. 216, in case of Harvey G. Nyce et ux. v. Raymond S. Muffley. Judgment affirmed.
W. F. Steigerwalt, with him John F. Stine, Jr., for appellants.
William S. Hudders, with him Randall Snyder and Butz, Hudders, Tallman & Rupp, for appellee.
Before Stern, C.j., Stearne, Bell, Musmanno and Arnold, JJ.
OPINION BY MR. JUSTICE BELL
Plaintiff at 7:30 p.m. on the evening of January 19, 1951, was crossing 7th Street in Allentown at or near the intersection of 7th and Cedar Streets. Seventh Street is 50 feet wide from curb to curb; two cars were parked on 7th Street. She testified that she stood on the corner and waited for three or four automobiles, which came from her right, to pass; she then looked to the left and saw nothing; she was able to see a far distance; she took six or seven steps into 7th Street and then saw for the first time defendant's automobile which came from her left and was "about an arm's length away", without lights. While taking the six or seven steps in the street she was looking in the direction from which defendant's car came and there was nothing to block out her vision. Some part of the automobile struck her; she was severly injured and does not remember anything else about the collision except that the car stopped about 15 feet away from her.
According to plaintiff's daughter and another witness, she was picked up about 30-40 feet south of the intersection. According to defendant and two witnesses she was picked up about 55-60 feet from the intersection where she was found sitting in the street at defendant's rear fender. The testimony showed that the intersection was well lighted on the night in question
by virtue of a street light at the intersection, a lighted gasoline station on one corner and the lights from a grocery store on another corner.
Defendant testified he was traveling about 10 to 15 miles an hour; that his headlights were lit; that he saw no one at the intersection but that an impact occurred with his car about 60 feet beyond the intersection of the two streets.
The jury brought in a verdict for defendant. Plaintiff filed 12 reasons for a new trial. The Court dismissed plaintiff's motion for a new trial and said, inter alia: "We can say without hesitation that it [the verdict] was amply supported by credible testimony."
Plaintiff first alleges that the Court erred in refusing to permit plaintiff's surgeon, Dr. Bachman, who first saw her on February 1, 1951, and operated on her for a hernia the next day, to testify on re-direct examination, what plaintiff had told him as to the cause of the hernia. Dr. Bachman was called out of turn and before there was any evidence of the accident or of negligence or the injuries allegedly suffered therefrom. Dr. Bachman on cross examination testified he did not know when and how the incisional hernia occurred not did he know whether or not the hernia was due to the accident. Plaintiff on re-direct examination sought to have the doctor testify that plaintiff told him the hernia first appeared after the accident. Defendant's objection was sustained. Plaintiff subsequently testified that the hernia came on immediately after she arrived at the hospital, and her family physician, although he made no notation of the incisional hernia on Mrs. ...