Appeal, No. 187, Oct. T., 1955, from judgment of Court of Common Pleas of Delaware County, March T., 1949, No. 849, in case of Peter Jordan v. David H. Kennedy. Judgment reversed.
Jack Brian, with him Howard Richard, for appellant.
Robert A. Detweiler, with him Morris H. Fussell, for appellee.
Before Rhodes, P.j., Hirt, Ross, Gunther, Wright, and Woodside, JJ. (ervin, J., absent).
[ 180 Pa. Super. Page 595]
This is an appeal from the entry of judgment non obstante veredicto after a verdict for damages arising out of an intersection collision between the automobiles of the parties.
Peter Jordan was driving south on 62nd Street in Philadelphia and David Kennedy was driving east on Chestnut Street when their automobiles collided. Jordan sued Kennedy, and Kennedy filed a counterclaim against Jordan.
At the trial the lower court entered a non-suit against Jordan, but allowed Kennedy's claim to go to the jury which found a verdict in his favor for $1263.44. Upon motion of Jordan, judgment n.o.v. was entered by the court below against Kennedy who has taken this appeal.
The evidence, viewed in the light most favorable to Kennedy, as we are bound to view it, indicates that Kennedy was driving his automobile east on Chestnut Street on the clear, dry night of December 17, 1948 at 11:30 P.M. Chestnut Street is a one-way street with five lanes, the outside ones being used for parking. As Kennedy approached 62nd Street he was in the second lane from the southern curb traveling at 25 Miles per hour. When he was halfway between 63rd and 62nd Streets Kennedy noticed that the traffic light at 62nd Street was green on Chestnut Street.
As Kennedy approached the intersection he looked to his left. He saw nothing approaching. His view at that point was partly obstructed by a building on the northwest corner of the intersection and by parked vehicles. After looking to the left he again looked at the traffic light and found it was still green. As the front of his automobile was entering the intersection he again looked to the left and saw Jordan's automobile approaching. The right front of the Jordan automobile
[ 180 Pa. Super. Page 596]
and the left front of the Kennedy automobile collided. Kennedy was thrown out of his automobile and knocked unconscious. When pressed by the trial judge for the distance away Jordan's automobile was when he first saw it Kennedy said, "maybe five feet." The lower court thinking Kennedy should have seen the Jordan vehicle when it was more than five feet away from his ...