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KOBSAR ET UX. v. JOHNSON. (01/21/58)

January 21, 1958

KOBSAR ET UX., APPELLANTS,
v.
JOHNSON.



Appeals, Nos. 337, 338, 339, Oct. T., 1957, from judgment of Court of Common Pleas No. 1 of Philadelphia County, Sept. T., 1952, No. 1547, in case of Tony Kobsar et al. v. Chester Johnson et al. Judgment affirmed; reargument refused March 3, 1958.

COUNSEL

Walter T. Darmopray, with him Hamilton, Smith & Darmopray, for appellants.

Albert C. Gekoski, for appellee.

Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.

Author: Watkins

[ 185 Pa. Super. Page 512]

OPINION BY WATKINS, J.

This action was originally brought by appellants, husband and wife, in trespass for personal injuries sustained by the wife, and damages to husband's automobile. The husband's action was severed, and he was joined as an additional defendant.

After trial the jury returned a verdict in favor of the appellant, against the additional defendant only, in the sum of Three Hundred ( $300) Dollars. Both have appealed. The reasons assigned are the court's refusal to remove the non-suit entered in the action of Tony Kobsar against the appellee; the failure of the court below to find appellee guilty of negligence as a matter of law and the refusal of a new trial to the appellant wife on the ground that the verdict was inadequate.

On June 1, 1951 at or about 4:30 p.m., the appellant, Tony Kobsar, accompanied by appellant wife, was operating his motor vehicle in an Easterly direction on Harbison Avenue, in the City of Philadelphia. As Kobsar approached Torresdale Avenue behind a line of traffic, he stopped at the intersection, where a stop sign controlled traffic on Harbison Avenue.

Torresdale Avenue is a through street and runs Northeast and Southwest. It is a two-way street, 51' wide with double car tracks. Harbison Avenue is a street that runs Northwest and Southeast crossing Torresdale Avenue. It is 75' in width and is controlled by a stop sign.

After looking in both directions Kobsar began to cross Torresdale Avenue. He succeeded in reaching the

[ 185 Pa. Super. Page 513]

    ter of the street where a truck had slowed up and stopped to make a left turn. It was in the left lane of two northbound lanes of traffic on Torresdale Avenue. This truck obscured Kobsar's vision of the inner Northbound lane of traffic. As Kobsar passed in front of the truck he was struck on the right front side by appellee's automobile. Appellee, who had been travelling Northwardly in the right lane of traffic on Torresdale Avenue slowed down for the intersection, ...


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