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GALVIN v. EINWECHTER (09/11/58)

September 11, 1958

GALVIN
v.
EINWECHTER, APPELLANT.



Appeal, No. 239, Oct. T., 1958, from judgment of Court of Common Pleas No. 6 of Philadelphia County, Dec. T., 1955, No. 7365, in case of Roy Galvin v. Raymond Einwechter. Judgment affirmed.

COUNSEL

J. Webster Jones, for appellant.

Edward J. Marcantonio, with him Stephen M. Feldman Joseph G. Feldman, and Feldman & Feldman, for appellee.

Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, and Watkins, JJ. (hirt, J., absent).

Author: Wright

[ 187 Pa. Super. Page 121]

OPINION BY WRIGHT, J.

On January 29, 1955, at the intersection of Chester Avenue and 54th Street in the City of Philadelphia, there was a collision between a Ford automobile owned

[ 187 Pa. Super. Page 122]

    and operated by Roy Galvin and a Cadillac ambulance operated by Raymond Einwechter. Galvin instituted a trespass action against Einwechter for personal injuries and property damage. At the conclusion of the trial Einwechter presented a point for binding instructions which was refused. The jury returned a verdict in favor of Galvin. Einwechter then filed a motion for judgment n.o.v. This motion was overruled and judgment was entered on the verdict. Einwechter has appealed. The factual situation appears in the following excerpt from the opinion of the court below:

"At the trial, plaintiff testified that on January 29, 1955, at about 5:45 p.m., he was operating his automobile west on the north side of Chester Avenue, Philadelphia. When he was about fifty feet from the intersection of Chester Avenue and 54th Street, he saw that the traffic light signal controlling the intersection was green for traffic to proceed on Chester Avenue. When he was at the curbline, the light was still green. Plaintiff testified that he looked in both directions before he proceeded into the intersection. He said that he could see some seventy-five feet north on 54th Street, and that he saw no vehicles in that distance except a bus, which was stopped at the northwest corner of 54th Street and Chester Avenue. Plaintiff was traveling at the speed of about twenty miles per hour as he approached 54th Street, and he touched his brake as he looked to both sides prior to entering the crossing. He looked again as he started to cross. When plaintiff was about twelve feet into 54th Street, he saw two large headlights almost at the door of his car coming from the north on 54th Street. He tried to turn to avoid a collision but was unable to do so. His car was struck by an ambulance operated by defendant and was turned into the path of a trolley car coming east on Chester Avenue. After being struck by the trolley car, plaintiff's

[ 187 Pa. Super. Page 123]

    car was pushed into a pole on the southwest corner. He heard no signal given by the ambulance".

Appellant's sole contention is that Galvin was chargeable with contributory negligence as a matter of law. He argues that Galvin crossed the intersection directly in front of the ambulance, which he did not observe and did not look for "as he is required, i.e. left and then right, and then right before going into the southbound lane while he is ...


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