Appeals, Nos. 192 and 193, April T., 1958, from judgment of Court of Common Pleas of Butler County, Sept. T., 1953, No. 70, and March T., 1954, No. 122, in case of Joseph F. Nolan v. Robert F. Webber et al., and Robert F. Webber v. Joseph P. Zarnick. Judgments affirmed.
Hugh S. Millar, with him J. Campbell Brandon, and Brandon, Millar & Rockenstein, for appellant.
John H. Marshall, with him Marshall, Marshall & McNamee, for appellee.
Before Rhodes, P.j., Hirt, Gunther, Wright, Ervin, and Watkins, JJ. (woodside, J., absent).
[ 189 Pa. Super. Page 69]
These are two actions in trespass arising from a right angle collision between two automobiles. Webber sued Zarnick for the property damage to his vehicle and Nolan, a passenger in Webber's automobile, sued both drivers, Webber and Zarnick, for personal injuries, medical expenses and loss of wages. Both cases were tried together. At the end of Nolan's case a non-suit was entered in favor of Webber. A verdict was returned in favor of Nolan against Zarnick in the amount of $3,700.00. Another verdict was returned in favor of Webber against Zarnick in the amount of $154.11. From the refusal of motions for judgment n.o.v. and for new trial, the defendant Zarnick appeals.
[ 189 Pa. Super. Page 70]
On June 22, 1952, at or about 6:00 p.m., Webber was operating his automobile in a southerly direction on Meridian Road, Route No. 328, at or about its intersection with Whitestown Road, Butler Township, Butler County; Zarnick was operating his vehicle in a westerly direction on Whitestown Road at or about its intersection with Meridian Road; there was a stop sign against traffic on Whitestown Road; both highways were two lanes wide; it was raining; Webber was operating his vehicle at a speed of 30 miles an hour on his right-hand side of the road when Zarnick came out of Whitestown Road and collided with Webber's automobile, damaging the left rear fender and wheel. As a result of the collision, Nolan suffered personal injuries.
One witness testified as to a conversation with Zarnick which took place immediately after the accident, as follows: "I asked him why he didn't stop. He said, 'Lady, I did stop, but I come out too fast.' That's all he said."
In view of the testimony produced the court below acted properly in granting a non-suit as to the defendant Webber and refusing to grant a non-suit as to the defendant Zarnick, at the close of Nolan's case. Furthermore, we think that there was evidence from which the jury could find that Zarnick was negligent.
Zarnick testified that he stopped for the stop sign, allowed a Buick, going north on Meridian Road, to pass, looked both ways and proceeded into the intersection. On cross-examination he testified as follows: "I came to the stop sign and stopped and a Buick heading toward the east went by. I pulled into the intersection. I didn't see another car coming.... Here's the point: I didn't see the car until he was ...