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COBB v. CHUBECK (04/18/60)

April 18, 1960

COBB
v.
CHUBECK, APPELLANT.



Appeal, No. 84, March T., 1959, from order of Court of Common Pleas of Allegheny County, April T., 1957, No. 1964, in case of Frank Cobb v. Donald Chubeck et al. Order affirmed.

COUNSEL

Russell J. Butler, Jr., with him Weis & Weis, for appellant.

Gilbert E. Morcroft, for appellee.

Before Jones, C.j., Musmanno, Jones, Cohen, Bok and Eagen, JJ.

Author: Bok

[ 399 Pa. Page 201]

OPINION BY MR. JUSTICE BOK.

California Avenue, in Pittsburgh, runs east and west, and the additional defendant's decedent was driving eastward on it. Plaintiff was a passenger in this

[ 399 Pa. Page 202]

    car, and its driver wanted to make a left turn into Perrott Avenue, which enters California from the north and ends there. Defendant was driving westward on California. The collision occurred while the decedent was making his turn.

Because of the Dead Man's Act (May 23, 1887, P.L. 158, 28 PS § 322), the jury was instructed to limit the testimony of plaintiff and defendant to themselves and not to apply it to the decedent driver. The latter's negligence therefore depended on the testimony of two passengers in defendant's car, and defendant's negligence depended on plaintiff's testimony and to a degree upon his own.

The jury gave its verdict to the defendant and the additional defendant, but the court below set it aside by granting a new trial. Defendant alone appealed.

The basic law is in Art. X, § 1013(b) of The Vehicle Code, Act of May 1, 1929, P.L. 905, as amended, 75 PS § 572(b), which reads: "The driver of a vehicle... approaching but not having entered an intersection, shall yield the right of way to a vehicle within such intersection or turning therein to the left across the line of travel of such first mentioned vehicle, provided the driver of the vehicle turning left has given a plainly visible signal of intention to turn as required in this act."

Art. X, § 1012 of the same Act (75 PS § 571(a)) reads: "The driver of any vehicle upon a highway, before starting, stopping or turning from a direct line, shall first see that such movement can be made in safety,... and whenever the operation of any other vehicle approaching or following may be affected by such movement, shall give a signal, as required in this ...


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