Appeals, Nos. 302, 303, 304, Oct. T., 1957, from judgment and order of Court of Common Pleas No. 5 of Philadelphia County, June T., 1955, No. 1449, of Court of Common Pleas No. 2, June T., 1955, No. 1450, and of Court of Common Pleas No. 7, June T., 1955, No. 2148, in cases of Joseph Esposito et al. v. Frank Henderson et al. Judgment (in No. 303) affirmed; order (in Nos. 302 and 304) reversed.
Harold M. Kominars, with him Albert C. Gekoski, for appellant.
Max E. Cohen, with him Henry Temin, for Henderson, appellee.
Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.
[ 185 Pa. Super. Page 481]
The three appeals, before us from final judgments in the court below, relate to damages from the same accident
[ 185 Pa. Super. Page 482]
which occurred between 9:00 and 10:00 p.m. on May 27, 1955. Gaetano Colonnese was driving his automobile south on Twelfth Street in Philadelphia; Frank Henderson was driving east on Carpenter Street. The cars collided in the right-angled intersection of the two streets. There was no stop sign or other traffic control. Colonnese sued Henderson (Appeal 303) for personal injuries and damages to his car; Henderson filed a counterclaim. Joseph Esposito, a passenger in Colonnese's car sued Henderson (Appeal 302) who brought in Colonnese as additional defendant. Henderson was sued also by Rocco Frumento, another passenger in Colonnese's car (Appeal 304) and Colonnese was brought in as an additional defendant in that case also. All three cases were consolidated for trial with the result that in No. 303 the verdict was for the defendant Henderson, and in his favor on his counterclaim for damages to his car against Colonnese in the sum of $802.50. In No. 304 the verdict was in favor of plaintiff Frumento against Colonnese, the additional defendant, alone, in the sum of $550. So also, in No. 302 the jury consistently found in favor of the defendant Henderson and for the plaintiff Esposito in the sum of $3,000 against Colonnese the additional defendant.
Colonnese's motions for a new trial in No. 303 and for judgments n.o.v. as additional defendant in Nos. 304 and 302 were overruled. Both Esposito and Frumento moved for new trials as to them in Nos. 302 and 304 on the ground alleged that the verdicts were inadequate. After argument on the motions, new trials were granted against Colonnese the additional defendant alone, but in awarding new trials the court limited the issues to the amount of damages only.
We find no merit in the appeals of Colonnese. Under the facts he clearly was chargeable with negligence.
[ 185 Pa. Super. Page 483]
Colonnese testified that in driving south on Twelfth Street at 20 to 25 miles an hour, he looked to his right at the house line (he later said it was at the curb line) as he approached Carpenter Street. His view was obstructed so that he could see only 50 to 60 feet to the west on Carpenter Street. Seeing nothing he admittedly didn't look again until he reached the center of the intersection and he said Henderson's car then "was on top of me" and "when I seen him it was too late for me to do anything." Both streets are 25 feet wide with 12 foot sidewalks and both were restricted to one-way traffic. Colonnese's own testimony convicts him of negligence in failing to exercise the high degree of care required of him, and to look and to see what was visible before attempting to cross the intersection. Papkin et ux. v. Helfand and Katz, 346 Pa. 485, 31 A.2d 112; Shapiro et ux. v. Grabosky, 320 Pa. 556, 184 A. 83. Moreover, Henderson, who was driving east on Carpenter Street was approaching the intersection ...